Oireachtas Joint and Select Committees

Wednesday, 10 November 2021

Select Committee on Housing, Planning and Local Government

Maritime Area Planning Bill 2021: Committee Stage (Resumed)

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

My apologies. The purpose of amendment No. 219 is to remove the existing disapplication at section 281(4) for development to which Part XI applies, as an exemption for coastal planning authorities is already provided for in section 4 of the Planning and Development Act, as amended in this Bill. The initiated text inadvertently doubled up on this exemption. In order to avoid a deviation in approach from the existing system in the Planning and Development Act, I am deleting this text because it is unnecessary.

Amendment No. 221 provides that coastal planning authorities can apply a condition as per section 34(5) of the Planning and Development Act. The subsection provides that a coastal planning authority can attach to a planning permission a condition that points of detail can be agreed between a coastal planning authority and the person carrying out a development. The purpose of this amendment is to provide that, after the grant of planning permission, fine details of a development may be agreed with a coastal planning authority where, as is frequently the case, it is not possible to determine such details in an application for planning permission. Its omission in the initiated text was an oversight and would have resulted in a situation whereby applications made on land could have a condition applied under section 34(5) but a maritime application could not. This will ensure consistency for local authority planning decisions.

Amendment No. 222 inserts a new subsection (4), which provides that section 34(2)(a) of the Planning and Development Act shall not apply in respect of a maritime application. The purpose of this amendment is to remove a limitation that would otherwise have an effect on what a coastal planning authority can consider in respect of a maritime application. In effect, if the initiated text remained, it could have been inferred that a coastal planning authority was limited to considering the provisions of section 34(2)(a) and not the additional considerations provided for in the Bill.

Amendment No. 223 is a technical drafting amendment related to amendment No. 222. The purpose of this amendment is to change the number of the subsection from (4) to (5) to provide for the new numbering at amendment No. 222.

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