Seanad Éireann

SEANAD ÉIREANN

AN BILLE UM PLEANÁIL AGUS FORBAIRT (LEASÚ) 2009 PLANNING AND DEVELOPMENT (AMENDMENT) BILL 2009

LEASUITHE TUARASCÁLA REPORT AMENDMENTS

[No. 34a of 2009] [01 December, 2009]

SEANAD ÉIREANN

AN BILLE UM PLEANÁIL AGUS FORBAIRT (LEASÚ) 2009 —AN TUARASCÁIL

PLANNING AND DEVELOPMENT (AMENDMENT) BILL 2009 —REPORT

Leasuithe Amendments

* Government amendments are distinguished by an asterisk.

1. In page 6, to delete lines 18 to 20. —Senators Paudie Coffey, Maurice Cummins.

2. In page 10, to delete lines 20 to 48. —Senators Alex White, Michael McCarthy, Brendan Ryan, Phil Prendergast, Ivana Bacik, Dominic Hannigan.

3. In page 13, lines 13 to 30, to delete all words from and including “and—” in line 13 down to and including “amendment—” in line 30 and substitute the following:

“and a resolution to make any such further modification (other than a further modification recommended or accepted by the Manager) shall require approval by two-thirds of the members of the authority concerned, and in addition such further modification—”. —Senators Alex White, Michael McCarthy, Brendan Ryan, Phil Prendergast, Ivana Bacik, Dominic Hannigan.

4. In page 13, lines 23 and 24, to delete “a vote of not less than two-thirds” and substitute “a majority”. —Senators Paudie Coffey, Maurice Cummins.

5. In page 15, lines 19 to 36, to delete all words from and including “and—” in line 19 down to and including “variation—” in line 36 and substitute the following:

6. In page 15, lines 29 and 30, to delete “a vote of not less than two-thirds” and substitute “a majority”. —Senators Paudie Coffey, Maurice Cummins.

7. In page 16, to delete lines 10 to 45 and in page 17, to delete lines 1 to 16. —Senators Paudie Coffey, Maurice Cummins.

8. In page 21, to delete lines 16 to 45 and in page 22, to delete lines 1 to 19. —Senators Paudie Coffey, Maurice Cummins.

[No. 34a of 2009] [01 December, 2009] 9. In page 22, to delete lines 20 to 50. —Senators Paudie Coffey, Maurice Cummins.

10. In page 23, to delete lines 1 to 32. —Senators Paudie Coffey, Maurice Cummins.

11. In page 23, to delete lines 33 to 49 and in page 24, to delete lines 1 to 16. —Senators Paudie Coffey, Maurice Cummins.

12. In page 26, to delete lines 35 to 39. —Senators Paudie Coffey, Maurice Cummins.

13. In page 27, line 44, after “public” to insert “within 7 days of receiving such direction”. —Senators Paudie Coffey, Maurice Cummins.

14. In page 27, line 45, after “authority” to insert the following:

“for a specified period of time which shall not be less than 2 weeks”. —Senators Paudie Coffey, Maurice Cummins.

15. In page 28, line 36, after “other” to insert “connected”. —Senators Paudie Coffey, Maurice Cummins.

16. In page 28, line 36, after “person” to insert “or body corporate”. —Senators Paudie Coffey, Maurice Cummins.

17. In page 28, line 41, to delete “any”. —Senators Paudie Coffey, Maurice Cummins.

18. In page 28, line 47, after “development,” to insert “has failed to complete a development,”. —Senators Alex White, Michael McCarthy, Brendan Ryan, Phil Prendergast, Ivana Bacik, Dominic Hannigan.

* 19. In page 29, line 7, to delete “that planning permission should not be granted” and substitute the following:

“that accordingly planning permission should not be granted”.

20. In page 29, line 7, before “planning” to insert “, on that basis,”. —Senators Paudie Coffey, Maurice Cummins.

21. In page 30, to delete lines 5 to 24. —Senators Paudie Coffey, Maurice Cummins.

* 22. In page 31, to delete page 31 and in page 32, to delete lines 1 to 19 and substitute the following:

“Power to extend 23.—The Principal Act is amended by the substitution of the following section for appropriate period. section 42:

“42.—(1) On application to it in that behalf a planning authority shall, as regards a particular planning permission, extend the appropriate period by such additional period not exceeding 5 years as the authority considers requisite to enable the development to which the permission relates to be completed provided that each of the following requirements is complied with:

(a) either—

2 (i) the authority is satisfied that—

(I) the development to which the permission relates was commenced before the expiration of the appropriate period sought to be extended,

(II) substantial works were carried out pursuant to the permission during that period, and

(III) the development will be completed within a reasonable time,

(ii) the authority is satisfied that—

(I) there were considerations of a commercial, economic or technical nature beyond the control of the applicant which substantially militated against either the commencement of development or the carrying out of substantial works pursuant to the planning permission, and

(II) there have been no significant changes in the development objectives in the development plan or in regional development objectives in the regional planning guidelines for the area of the planning authority since the date of the permission such that the authority would not, as a result of those changes, grant an application for permission for the development as being in material contravention of the proper planning and sustainable development of the area of the authority,

(b) the application is in accordance with such regulations under this Act as apply to it,

(d) the application is duly made prior to the end of the appropriate period.

(2) (a) Where an application is duly made under this section to a planning authority and any requirements of, or made under, regulations under section 43 are complied with as regards the application, the planning authority shall make its decision on the application as expeditiously as possible.

(b) Without prejudice to the generality of paragraph (a), it shall be the objective of the planning authority to ensure that it shall give notice of its decision on an application under this section within the period of 8 weeks beginning on—

(i) in case of all of the requirements referred to in paragraph (a) are complied with on or before the day of receipt by the planning authority of the application, that day, and

(ii) in any other case, the day on which all of those requirements stand complied with.

3 (3) A decision to extend an appropriate period shall be made once and once only under this section and a planning authority shall not further extend the appropriate period.

(4) Particulars of any application made to a planning authority under this section and of the decision of the planning authority in respect of the application shall be recorded on the relevant entry in the register.

(5) Where a decision to extend is made under this section, section 40 shall, in relation to the permission to which the decision relates, be construed and have effect subject to and in accordance with the decision.

(6) In satisfying itself under subsection (1)(a)(ii), a planning authority shall have regard to any guidelines issued by the Minister under section 28, notwithstanding that they were so issued after the date of the grant of permission in relation to which an application is made under this section.

(7) The commencement of this section shall not affect an application to further extend the appropriate period duly made to the planning authority on a date prior to the date of the commencement of this section and in such a case the planning authority shall decide whether to further extend the appropriate period as if this section had not been commenced.”.”.

23. In page 31, line 8, to delete “each of”. —Senators Paudie Coffey, Maurice Cummins.

24. In page 31, to delete lines 19 to 26 and substitute the following:

“(ii) the authority is satisfied that either—

(I) there were considerations of a commercial, economic or technical nature beyond the control of the applicant which mitigated against either the commencement of the development or carrying out of substantial works pursuant to the planning permission, or

(II) the proposed use of the development would lead to the creation of at least 10 full-time jobs,”. —Senators Paudie Coffey, Maurice Cummins.

25. In page 32, line 9, after “register” to insert “within one week of such application or decision”. —Senators Paudie Coffey, Maurice Cummins.

26. In page 32, between lines 35 and 36, to insert the following:

“(i) the provision of facilities for physical activity to promote a healthy lifestyle.”. —Senators Feargal Quinn, Rónán Mullen.

27. In page 33, to delete lines 1 and 2. —Senators Paudie Coffey, Maurice Cummins.

28. In page 33, to delete lines 3 to 38. —Senators Paudie Coffey, Maurice Cummins.

29. In page 33, between lines 38 and 39, to insert the following:

“Standardisation of 29.—The Principal Act is amended by the insertion of the following section after planning section 151— enforcement.

4 “151A.—Where, following complaint by a person relating to a breach of this Act, a planning authority fails or refuses to take measures under this Act by way of planning enforcement, the person may appeal such failure or refusal to An Bord Pleanála, which may on such appeal give such directions to the planning authority in relation to its functions as it considers appropriate.”.”. —Senators Alex White, Michael McCarthy, Brendan Ryan, Phil Prendergast, Ivana Bacik, Dominic Hannigan.

30. In page 34, to delete lines 29 to 48 and in page 35, to delete lines 1 to 11. —Senators Alex White, Michael McCarthy, Brendan Ryan, Phil Prendergast, Ivana Bacik, Dominic Hannigan.

31. In page 37, line 12, to delete “creation, management, restoration or”. —Senators Paudie Coffey, Maurice Cummins.