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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: I will not labour the point, given the lateness of the evening, but both these amendments are intended to strengthen the involvement of elected members, prescribed bodies and the public. In this instance, this relates to the implementation report and the timing of this report in the context of amendment No. 476, but it is also concerned with the report itself. I suspect we will be told that...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: There are many phrases whose actual meaning we have yet to get to the bottom of.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: Gutted as I am that the Minister of State cannot accept the amendments, let me at least make the case on the record for the spirit behind both of them. A chief executive or director of service might have a very different view on whether implementation on any individual aspect of a development plan is progressing compared to elected members, prescribed bodies or the wider public. Therefore,...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: There is, yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: I move amendment No. 308: In page 98, between lines 17 and 18, to insert the following: “(v) any relevant language plans agreed in accordance with the Gaeltacht Act 2012 for a Gaeltacht Language Planning Area, Gaeltacht Service Town or Irish Language Network within the area of the development plan,”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: I move amendment No. 310: In page 98, between lines 26 and 27, to insert the following: “(vi) the protection of the linguistic and cultural heritage of Irish language and Gaeltacht communities, including the promotion of Irish as the community language, specifically by supporting the implementation of language plans pursuant to Acht na Gaeltachta 2012,”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: My question relates to section 40(7). I ask for clarification on three areas of the subsection. Section 40(7)(b) reads, "The Minister may require two or more planning authorities to coordinate the development plans for their functional areas generally or in respect of specified matters and in a manner specified by the Minister." I am interested to know what the intention and scope of this...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: My preference is at least to try to put some of it on the public record. I am not trying to put the Minister of State on the spot because I know it is not his portfolio, but these are important public questions. Let us see how we go and maybe we will go into private session, if necessary. There are key parts of this, and if we can put some of the responses into the public domain, that...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: Those answers are very clear and helpful. With respect to zoning, I presume we are talking about, for example, if a UDZ traversed two local authorities.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: That is clear enough to me. With respect to section 40(7)(d), the Minister of State seems to be suggesting that the only dispute would be a dispute over the interpretation of the Minister's request, as per sections 40(7)(b) and 40(7)(c). Would this stray into other disputes that might occur between the local authorities, for example, over the boundaries of a UDZ, the allocation of resources...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: However, a UDZ boundary is actually ultimately determined by the Minister. In that case, it would be-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: Yes. Regarding the High Court, the only thing I do not understand is why there is a provision for the High Court here when, elsewhere, activities can just be directed by the Minister. I presume there is some legal reason but clarity on that would be helpful.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: That is very clear-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: -----but the last bit of my question which has not been answered is, elsewhere in the Bill, there are very clear provisions to force compliance on a planning authority without recourse to the courts. What is special about this that requires recourse to the courts rather than some other form of ministerial direction?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: A little more clarification on that would be helpful.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: I have a final question. Is this the only such direction that requires court intervention in the Bill generally?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: That is separate from Part 9, obviously.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: Okay, that is helpful.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: I move amendment No. 311: In page 99, between lines 19 and 20, to insert the following: “(iii) any language plan agreed in accordance with the Gaeltacht Act 2012 for a Gaeltacht Language Planning Area, Gaeltacht Service Town or Irish Language Network which is relevant and applies to the functional area to which the development plan relates,”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: I move amendment No. 312: In page 99, between lines 23 and 24, to insert the following: “(d) where the functional area to which the development plan relates consists of or includes a Gaeltacht Language Planning Area, a Gaeltacht Service Town, or an Irish Language Network, as defined in the Gaeltacht Act 2012, a settlement strategy for any Gaeltacht Language Planning Area, any...

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