Results 2,381-2,400 of 6,949 for speaker:Cian O'Callaghan

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: I am finding it difficult to understand the explanation, and I will explain why. First, this is about the obligation to prepare a strategy for conservation of natural and built heritage. Natural heritage is the obvious place where one would place our amendment as regards areas subject to special amenity area orders and the identification of such areas. If they are not included under that...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: It was the Howth special amenity area order management committee. It was very useful because the National Parks and Wildlife Service was involved as it has a particular interest in SACs and so forth, and this was complementary. There were no conflicts. Within that area, there were recreational uses as well because there can be special areas of amenity and recreational uses in those as...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: My concern is that we have had a lot of undertakings since we started this Bill - every time we raise an issue there are undertakings - but we are not actually getting concrete proposals. We are not being told our amendments are wrong, only that the Government wants to look at this more. My concern is that all this could be lost within the commitments on biodiversity and that we may have...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: I do not find the explanation given satisfactory. We have been told about these conflicts but, in fact, the experience is that you can of course have recreation functions in special areas of amenity and you can have special conservation areas. This is the reality now - it happens - so being told that it poses these potential conflicts and that therefore the amendment cannot be accepted at...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: I completely accept that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: It was being put forward that there are conflicts which mean we cannot necessarily have conservation areas in amenity areas and we cannot have recreational uses. In fact, we can. What was put forward is that there are potential conflicts. Either there are real conflicts-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: There are potential conflicts-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: I have a question on section 202 of the Planning and Development Act regarding what it states about special areas of amenity. It states that they can be defined in terms of for beauty or recreation. Am I to take from what the Minister of State said that this is no longer the case? Is there a change regarding special areas of amenity and their recreational use? One can talk about...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: Are they the same? There is no change. Recreation is still there.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: I am concerned by comments which seem to imply conflicts that would appear to go against what the legislation states. We are being told there could be a conflict with recreation, yet the Bill seems to state otherwise. That gives rise to concern.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: Is there a response on that?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: Section 242(1) includes the phrase, "Where, subject to ... the opinion of the planning authority by reason of ... its special recreational value". It is there and yet we are told about these conflicts and that it is not necessarily possible to have an SAAO if there is recreation. Yet, the Bill refers to special recreational value. I am struggling with the information we are being given by...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: That is extremely unsatisfactory.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: Just so I am absolutely clear on this, does the definition of retention permission include substitute consent?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: Does this wording, the definition of retention permission, which is the language being put in the Bill, include substitute consent or is substitute consent not included in this definition of retention permission? This is going back to what Deputy Ó Broin spoke about regarding substitute consent. Does the definition of retention permission include substitute consent or does it exclude...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: For clarity, "retrospective consent" is what we know as "substitute consent" under the 2000 Act.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: Ministerial amendment No. 26, on retrospective consent, states this "means retention permission for development in respect of which an appropriate assessment or an environmental impact assessment is required". There can also be regularisation of development in breach of EU law that goes further than an EIA failure or appropriate assessment, so this proposed amendment does not cover...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: Okay, but if it is being said that "retrospective consent" does cover all that, how come it does not say that here in the definition? It just refers to "development in respect of which an appropriate assessment or an environmental impact assessment is required". It does not say "and other potential breaches of EU law".

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: I do not have an example to hand.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: Yes, to EU law.