Oireachtas Joint and Select Committees

Wednesday, 10 April 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

I have been trying to make a contribution for a while. The Minister concludes, as is his right to do, but I have been trying to make a contribution for the past ten minutes. I say that so that the committee might know that I am not delaying things but have been trying to get in. I raised these issues initially so I should probably be able to take part in a discussion on them.

There are two points I wish to make on this. First, if the enforcement process was sufficient here and there is no need for a direction by the commission to take remedial measures, then why do we have that section 130 here at all if the enforcement is sufficient? If section 317(2)(d) was sufficient, why do we have section 130 with respect to everything else? That is where there is some inconsistency here created by section 8.

Second, from my experience in this regard, these are highly contested areas. There is a great deal at stake here for people involved in these processes with potentially huge amounts of cost and environmental considerations. Any possible ambiguity or inconsistencies here would very much potentially open this up to complex litigation delays. I am aware, as may the Minister also be, that enforcement sections of some of the councils around some of these issues can be going on, back and forth for years, with land and property owners. There can be huge frustrations for all parties around this. Having this very clear, especially in these areas, is very important, and I cannot stress that enough. These are not just abstract issues. Because of the way that quarries have not been regularised or authorised for so many years, with all of the issues around that, these are highly contested areas, as is peat extraction, as the Minister knows also. I will leave it at that.

Comments

No comments

Log in or join to post a public comment.