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

I move amendment No. 217:

In page 140, to delete lines 12 to 19 and substitute the following: "280. (1) Subject to subsection (2), this Chapter applies to development situated—

(a) wholly in the nearshore area of a coastal planning authority, or

(b) partly in the nearshore area of a coastal planning authority and partly on land.

(2) This Chapter does not apply to development—

(a) of a class specified in the Eighth Schedule (inserted by section 167of the Maritime Area Planning Act 2021),

(b) in accordance with a permission (whether or not granted before the repeal of Part XV) that, immediately before the repeal of Part XV, was required in accordance with section 225, or

(c) consisting of—

(i) the erection of a building, pier, wall or other structure in accordance with a map, plan or specification approved in accordance with section 10 of the Act of 1933, or

(ii) the deposit of any material in accordance with a consent referred to in section 13 of the Act of 1933.".

There might be a few changes in terms of the groupings here as we were trying to work at pace. I will alert the Chairman to them as best I can.

As referenced, I propose to deal with amendments Nos. 217 and 227 together as they do the same thing.

The purpose of amendment No. 217 is to disapply this chapter on applications made to coastal planning authorities in respect of two additional categories to those in the original text. First, subsection 2(b) of the amendment refers to development in accordance with a permission granted in accordance with section 225 of the Planning and Development Act. Section 225 provides for planning permission for development on the foreshore. In effect, this amendment seeks to ensure that, where a person is already in possession of a permission under Part XV, he or she will not be required to apply again if that development has not yet commenced. It is a technical amendment and the previous formulation would have applied this chapter to authorised developments that had not yet commenced. It is related to an amendment previously agreed to section 12 of the Bill.

Second, subsection 2(c) of this amendment refers to developments authorised under the listed sections of the Foreshore Act 1933. Post enactment, there will still be limited instances of developments being authorised under sections 10 and 13 of that Act by the Minister for Agriculture, Food and the Marine. This amendment seeks to ensure that there is no double authorisation for such development approvals. It should be noted that this only applies to applications to coastal planning authorities in their own nearshore areas.

Amendment No. 227 is similar to amendment No. 217 as it relates to the application of chapter III. It is there to ensure that there is not a requirement to obtain planning permission where a development consent already exists, either through the repealed Part XV of the Planning and Development Act or the referenced sections of the Foreshore Act. The amendment is in two parts. The first part is to disapply this chapter in respect of a development in accordance with a permission granted under Part XV of the Planning and Development Act and the second, at paragraph (b), does the same for sections 10 and 13 of the Foreshore Act.

The purpose of amendment No. 218 is to confirm that one of the ways a person is made eligible to apply for permission for development under this chapter is to be the holder of a lease under section 2 of Foreshore Act 1933 for "the proposed development concerned". This provision has already been made in the initiated text, but this formulation more tightly links the eligibility criteria specifically to a lease for the proposed development.

Amendment No. 220 is a technical drafting amendment and related to amendment No. 218. This amendment carries on the reference to a holder of a lease under section 2 of the Foreshore Act 1933 as a qualifying criterion that enables a planning authority to consider an application for permission under section 34 or to grant such a permission.