Oireachtas Joint and Select Committees

Thursday, 21 March 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 am seeing it at the moment on the ground. I had an issue in the past week where a bus stop was being put into a rural village. We agreed with the council that it required the removal of trees from the site and hedge. The council is replanting the trees at another location and it is going to replant the hedgerow to maintain that on site. Effectively, therefore, on an ecological basis there is no loss. We are not even replacing the trees. We are moving the trees intact to another location. The Tidy Towns was involved and everyone reached a point where we dealt with biodiversity. The question here could be looked at in two prongs. Section 243(1) reads, "If it appears to a planning authority that it is expedient, in the interests of amenity or the environment, to make provision for the preservation of any tree, group of trees or woodland, it may, for that purpose, make an order with respect to any such tree, group of trees or woodland as may be specified in the order." I am not an expert on biodiversity but I would expect that, if there were a hedgerow with a rare species in it, a biodiversity expert would state that hedgerow could not be removed. I am saying we believe it is covered under that. What about protecting all hedgerows? That is not practical because we have to live with what is happening on the ground. Section 48(2)(b) is sufficient to cover the import of what the Deputy is looking for. We feel if we were to be explicit, it may have some unintended consequences. We can beg to differ on this one on a practical level. I am not minded to accept amendments to this one. I have on many others, but on this one it is a "No".

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