Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I move amendment No. 457:

In page 120, to delete lines 21 to 23 and substitute the following: “the planning authority shall—

(I) serve a notice on each person who is the owner or occupier of, and any person appearing to the authority to have an interest in, the proposed protected structure or the protected structure, as the case may be, of the proposed addition, deletion or amendment, including the particulars of the proposed addition, deletion or amendment,

(II) send particulars of the proposed addition, deletion or amendment to the Minister and to any prescribed body, and

(III) cause notice of the proposed addition, deletion or amendment, including the particulars of the proposed addition, deletion or amendment, to be published in at least one newspaper circulating in its functional area.”.

This amendment relates to section 53 regarding the making of development plans, specifically regarding the notification of the addition to, or deletion from, the record of protected structures as part of the process for making a development plan. Currently, section 53(4)(a) provides that where such an addition or deletion is proposed, the planning authority shall notify the owner or occupier of the protected structure. This differs from procedures in section 279 relating to additions or deletions from the record of protected structure outside of the development plan process, whereby the proposal, in addition to being notified to the owner or occupier, shall also be notified to the Minister and subject to public newspaper publication. This amendment proposes to amend section 53(4) to ensure that if the record is amended as part of the development plan process, the Minister and the public are also notified.

This ensures that there is consistency in the notification arrangements where changes are made to the record of protected structures when it is done as part of the making of a development plan or outside of that process.