Oireachtas Joint and Select Committees

Wednesday, 28 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

That is okay. I thank the Deputies for their amendments. I will say to Deputy Boyd Barrett that there is no question when we detail things in legislation, as we have done in the most significant reform of our planning legislation, that anything within this is lip service. It is not. It sets down in law what is required.

The definitions, though, are something we discussed at length last week or the week before, if Deputies recall. We have to balance it between what is appropriate at a national level and what is appropriate at a local, written-statement level within county development plans, etc. I did give a commitment - and we are doing this - that we would look at the references to biodiversity and climate in the Bill regarding where it is deemed that they need to be strengthened. I discussed this with Deputies Matthews, O’Callaghan, Ó Broin and, indeed, other Government Deputies. We are looking at what would be appropriate to strengthen the wording, should it be required. There are elements of it where we can do so.

Regarding the amendments that are before us, hedgerows are very important and we know that in relation to natural environment. This proposes to add “landscape features, including hedgerows”, but what other things? Do we continue to be very prescriptive? What is appropriate to put at a legislative level? However, I have given a commitment and I will reaffirm it here now, that we will look at references in this Bill and section to biodiversity to see if we need to strengthen them. If we do need to strengthen the wording around that definition, we will do so. Yet, Deputies will understand the balance between what is appropriate in primary legislation versus what is appropriate as that moves down the hierarchy of our planning system, right the way down to written statements at a local authority level. We are looking at this piece. As the amendment currently stands, I am not in a position to accept it but I have given the commitment to look at this area in respect of biodiversity and, as Deputies will recall, to references to climate in the Bill. We are working through that now to see if there are areas that we believe need to be further strengthened or redefined or if additions need to be made to the definitions. The officials and I are doing that. We will come back on Report Stage with that.

I am not in a position to so right now but I am happy to listen to the rationale. The Deputies will understand that this is a matter of what level we go to in setting out the various areas in primary legislation. There are broader definitions, such as ecology and water resources. Section 19(3)(d)(iv) refers to archaeological, historic, historic architectural and natural heritage, which covers that very well. Deputy O’Callaghan has a different view. Where do you stop, basically?

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