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Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 221: In page 142, line 35, after “subsection (4)” to insert “or (5)”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 222: In page 144, between lines 13 and 14, to insert the following: “(4) Paragraph (a) of subsection (2) of section 34 shall not apply in relation to a maritime application.”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 223: In page 144, line 14, to delete “(4)” and substitute “(5)”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 225: In page 145, to delete lines 37 and 38 and substitute the following: “285. (1) Subject to subsection (2), this Chapter applies to— (a) development situated— (i) wholly in the outer maritime area, (ii) partly in the outer maritime area and partly in— (I) the nearshore area of a coastal planning authority, or (II) the nearshore...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I can read the technical response. It might assist the Deputy. Amendment No. 229 provides that any applicant for a maritime area consent may enter into pre-application discussions with the board. This would run contrary to the policy intention of the sequential MAC planning process whereby the MAC is the gateway to planning. There are a number of possible negative outcomes that could...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: Amendment No. 231 seeks to introduce further clarification on what the board can set out in respect of the content of an application made to it. The wording of section 287(2)(b), as it exists, is sufficiently broad to allow the board to specify any type of documentation to be submitted with an application, in addition to what might be prescribed by regulation. Moreover, the specific forms...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: The purpose of amendment No. 232 is to confirm that the board may provide its opinion based on consideration of some or all of the matters it is likely to take into consideration relating to what is listed at section 287(2)(f). In effect, at pre-planning the board can relate to the applicant what it is likely to look at during the consideration of an application proper. The formulation in...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 226: In page 146, line 13, to delete “land,” and substitute “land”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 227: In page 146, between lines 16 and 17, to insert the following: “(2) This Chapter does not apply to development - (a) in accordance with a permission (whether or not granted before the repeal of Part XV) that, immediately before the repeal of Part XV, was required in accordance with section 225, or (b)consisting of - (i) the erection of a building,...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 232: In page 148, to delete line 13 and substitute the following: “(f) some or all of the matters that the Board is likely to take into consideration relating to -”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 233: In page 149, to delete lines 39 to 42 and substitute the following: “(c) is the lessee under a lease - (i) made under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which it is proposed to carry out the development concerned, and (ii) that contains a covenant, condition or agreement, to...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 234: In page 151, to delete line 22 and substitute the following: “(ii) such information, plans and drawings as may be prescribed,”. I propose to deal with amendments Nos. 234 and 235 together and I will come back on the other amendments in the grouping shortly. Amendment No. 234 slightly amends section 291(1)(a)(ii) and provides that an application...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: Amendment No. 236 seeks to provide that an application to the board for permission for development should be made available on the website of the board within two working days of receipt and that any documents related to the application, correspondence and submissions should be made available online not later than three days after they are received or sent by the board. It is the intention...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: First, this is based on the process for SID applications. Second, while I hear the Deputies' viewpoints, for applications that are approved, all the submission details will be held under the marine spatial plan portal on the marineplan.iewebsite. For all successful applications, all documentation relevant to the planning decision will be held on that portal and captured for all time. That...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: Amendment No. 238 seeks to provide in section 293(2)(a) that, subject to section 293(2)(b), the board shall not grant a permission under this section that would materially contravene a city or county development plan in addition to the national marine planning framework. There are fundamental technical issues surrounding this amendment. First, the purpose of section 293(2) is to ensure that...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: It is not meant in that way.

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