Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I move amendment No. 171:

In page 72, between lines 10 and 11, to insert the following: “Provisions to ensure consistency between MAC and planning permission

84.(1) This section applies where a maritime usage the subject of a MAC has planning permission (including any case where such usage has any further planning permission subsequent to the initial planning permission).

(2) Where the MARA receives the planning permission, it shall, as soon as is practicable thereafter, review the MAC and the permission (including any conditions attached thereto) to ascertain whether or not any amendments are required to be made to the MAC to ensure consistency between the MAC and the permission.

(3) Where, following a review under subsection (2), the MARA is satisfied that no amendments referred to in that subsection are required, it shall, as soon as is practicable—

(a) give notice in writing to that effect to the holder of the MAC, and

(b) publish that notice on its website together with sufficient particulars of the MAC to readily identify it.

(4) Where, following a review under subsection (2), the MARA is satisfied that amendments referred to in that subsection are required, it shall, as soon as is practicable—

(a) make the amendments to the MAC and issue the MAC as so amended to the holder, and

(b) publish a notice on its website stating that the MAC has been amended pursuant to this section together with sufficient particulars of the amendments to enable members of the public to understand the nature of the amendments and sufficient particulars of the MAC to readily identify it.

(5) The MARA shall, to the extent that it is practicable to do so, perform its functions under this section in relation to the MAC and the planning permission within 30 days after the date on which it receives the permission.

(6) The MAC as amended and issued undersubsection (4)shall, on and after the date of such issue and for all purposes, replace the MAC as in force immediately before it was so amended.”

The amendment inserts a new section, which provides for MARA to amend a MAC, if necessary, on the foot of a planning permission grant and the conditions attached to the grant. A planning authority or the board may be minded to adjust the proposed development as part of its determination for a variety of reasons. Rather than holding up the planning process, the consent would be amended, if required, post-planning permission grant. This ensures that any MAC does not constrain the planning authority or the board in its decision-making, while allowing for any such changes to be reflected in the property consent. Provisions in Part 8 allow for engagement between MARA and An Bord Pleanála prior to finalisation of the planning decision.