Oireachtas Joint and Select Committees

Wednesday, 17 April 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

I move amendment No. 847:

In page 349, to delete lines 27 to 38, and in page 350, to delete lines 1 to 12 and substitute the following:

“(11) A relevant plan shall not be made under Part 3— (a) unless the Minister has concluded that—
(i) there is an absence of alternative solutions to the relevant plan, and

(ii) imperative reasons of overriding public interest—
(I) relating to human health or public safety, or

(II) that the relevant plan will have beneficial consequences of primary importance to the environment,

exist for the making of the relevant plan, and
(iii) compensatory measures proposed by the competent authority are adequate to ensure the overall coherence of the Natura 2000 network,

or
(b) unless—
(i) the Minister has concluded that—
(I) compensatory measures proposed by the competent authority are adequate to ensure the overall coherence of the Natura 2000 network, and

(II) the competent authority is satisfied that there is an absence of alternative solutions to the relevant plan,

and
(ii) the Minister has received an opinion from the European Commission (pursuant to a request under subsection (10)) that states that it is satisfied that other imperative reasons of overriding public interest within the meaning of paragraph 4 of Article 6 of the Habitats Directive exist for the making of the relevant plan.”.

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