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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 will begin with Deputy Ó Broin and amendment No. 239. As I said, I agree with the spirit of the amendment but when you look at primary legislation and introduce subjectivity and something that can be challenged, you introduce uncertainty into the process. As I was saying, we will potentially have a look at it through guidelines. We absolutely agree with the merit of it and want to...

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

Peter Burke: It is the exact same process as is available in our terrestrial planning system with respect to national plans being contravened on very rare occasions. Obviously, the board must make a determination on that and it is held accountable for same. It is rare and the case must be very significant for this to be done.

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

Peter Burke: Through the courts.

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

Peter Burke: There is the planning regulator as well.

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

Peter Burke: If it is in an area-----

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

Peter Burke: It absolutely stands to reason if it is an area that has no jurisdiction over it, then it cannot carry legal weight but it can have discretionary policies. It carries weight within its jurisdiction, essentially.

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

Peter Burke: Absolutely not.

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

Peter Burke: Amendment No. 240 proposes a new subsection (9), which provides that the board can attach to a planning permission for development in the nearshore area of a coastal planning authority, or in the outer maritime area, a condition that the person to whom the permission is granted agree points of detail with the coastal planning authority or with the board. If agreement cannot be reached with a...

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. 240: In page 162, between lines 20 and 21, to insert the following: “(9)(a) Without prejudice to the generality of subsection (4), the Board may, in addition to any condition attached (in accordance with subsection (7)) to a permission for development proposed to be situated in the nearshore area of a coastal planning authority, attach to that permission a...

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. 242: In page 166, to delete lines 37 to 39, and in page 167, to delete lines 1 to 6 and substitute the following: “(2) (a) A request under subsection (1) shall— (i) be accompanied by— (I) a document in writing specifying the particulars of the requested alteration, (II) such plans or drawings relating to the requested alteration as the Board...

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. 243: In page 167, to delete lines 37 to 40, and in page 168, to delete lines 1 to 5 and substitute the following: “(d) In this subsection ‘relevant materials’ means— (i) the requested alteration, (ii) the document referred to in clause (I) of subparagraph (i) of paragraph (a) of subsection (2), (iii) plans or drawings referred to 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. 245: In page 170, line 31, to delete “and”.

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. 246: In page 170, to delete lines 32 to 34 and substitute the following: “(n) the extent to which the development has already been advanced (if at all) in accordance with the permission granted in respect thereof under section 293, and (o) relevant materials within the meaning of subsection (5) of section 297.”.

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

Peter Burke: It is. I can check which section that is in.

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

Peter Burke: I thank the Deputies for their comments. Regarding the conditions attaching to the pre-application stage for a MAC, we set a clear process for public engagement, which will make a big difference. That is an innovative direction we are taking. Amendment No. 247 seeks to increase the period during which members of the public may inspect a copy of the EIA report for not less than 30 days to...

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

Peter Burke: It does not preclude the period from going beyond that.

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. 249: In page 179, line 6, to delete “Chapter,” and substitute “Chapter”. This is a technical drafting amendment, the purpose of which is to delete the comma after "Chapter". Amendment No. 250 is a technical drafting amendment to delineate more clearly what the section will provide. It ensures the provisions listed will not apply in the...

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

Peter Burke: I am advised it is a definition of "land".

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