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

I will begin with Deputy Ó Broin and amendment No. 239. As I said, I agree with the spirit of the amendment but when you look at primary legislation and introduce subjectivity and something that can be challenged, you introduce uncertainty into the process. As I was saying, we will potentially have a look at it through guidelines. We absolutely agree with the merit of it and want to try to protect local communities, and obviously the local economy, as best we can.

In response to Deputy Boyd Barrett, on the county development plan and guidelines which may be in connection with a coastal county, you may have discretionary guidelines, in the first instance, for development. Second, I have very clearly outlined the provisions of section 293(3)(e) where the board must have regard to coastal local authority plans. Third, the critical point we must be very clear on is the county development plan does not have jurisdiction past the high-water mark. I want to be very clear about that point.

Moving on to the provisions whereby plans may be contravened, this is the exact same process that is in our terrestrial planning system. They obviously must be used only very rarely and must stand up in that a sound case must be put forward for them. The board of MARA, having the required skill set, will be able to adjudicate on that. We expect this to be very rare, in line with our terrestrial planning and An Bord Pleanála.

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