Oireachtas Joint and Select Committees

Wednesday, 21 February 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

We will check if the wording is the 2000 Act. I do not have that information to hand and we are checking now. I said in response to Deputy Ó Broin's intervention that planning permission and permissions granted relate to use. Emissions are separate and are matters for licensing. Take, for example, a wastewater treatment plant, for argument's sake. Considerations in that regard include the capacity and what is allowed by the Environmental Protection Agency, EPA, which is the authority in that space and would be charged were there to be any breaches. The very clear advice we got was that emissions are covered under the Environmental Protection Agency Act and the Waste Management Act.

I do not have the answer on the 2000 Act. We will get that for the Deputy. The planning conditions must be enforceable. The permission relates to the use of the building. The licensing arrangement must sit with the licensing authority. The two licensing authorities in this instance, as I have outlined, are very clearly set out in primary legislation. As I said earlier, I am trying to help with understanding as to why we are proposing that this be deleted.

On amendments Nos. 604 and 605, we will provide members with an abridged version of the advice we received by the end of this week.

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