Oireachtas Joint and Select Committees

Thursday, 29 February 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

Photo of Kieran O'DonnellKieran O'Donnell (Limerick City, Fine Gael) | Oireachtas source

I will go through it for the Deputy, and give him the note followed by my own thoughts. Amendment No. 168 seeks to add states where transboundary impacts of the plan may arise or where such consultation is requested by another state or jurisdiction, as well as the public in that state, to the list of those in respect of which the Minister must put in place arrangements for consulting as part of the public consultation on the review of the national planning framework.

Transboundary issues are dealt with in co-ordinated fashion with respective administrations, particularly those in Northern Ireland. Regarding public consultation, my Department takes into consideration all submissions made irrespective of where they come from. For these reasons, unfortunately I cannot accept this amendment.

I direct members to a number of sections within the Bill. Section 21(2) covers procedures for review of the national planning framework and reads "The Minister shall make provision for public consultation". Subsection (2)(i) reads "any Department or body in Northern Ireland having responsibility for regional development (where that Department agrees to such consultation)". Second, section 215, which specifically deals with transboundary environmental impacts, confers powers on the Minister to make regulations governing the process by which member states of the European Union and transboundary convention - the Espoo convention would also covers that - would be concerned in relation to an application for permission for developments in the state that are likely to have significant effect on the environment in their territories, and where the state is concerned that proposed developments in those other states are likely to have significant effect on the environment of that state.

In the Bill generally, we feel under section 21(2)(i) that jurisdictions, in particular in the vein of Northern Ireland, are covered. On public consultation with people living in those jurisdictions, the departments in Northern Ireland would obviously consult the public in Northern Ireland. That is within their domain. It is the exact same for transboundary. Deputy Ó Broin asks where that is dealt with. It is dealt with in section 215. On the general review of the national planning framework, we feel that section 21 covers other jurisdictions, and more particularly in respect of the environment impact, which is a key feature, that is covered directly and specifically within section 215 of the Bill.

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