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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: Absolutely not.

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

Peter Burke: They will not be consented to. Applications can be made but they will not be consented to because of the Government decision.

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

Peter Burke: If it was deleted, it could go to the local authority. It would not prevent applications, essentially. There is certainty regarding the Government decision. That is clear. It is reflected through the marine planning framework.

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

Peter Burke: Yes. To make it simpler, everything detailed in the Schedule goes to the board.

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

Peter Burke: Absolutely.

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

Peter Burke: Absolutely. All those things. My officials have asked me to point out there is an energy security review.

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. 292: In page 220, to delete lines 27 and 28 and substitute the following: “2. Subsection (6) of section 34. 3. Subsection (2) of section 177K. 4. Subsection (2) of section 247.”. This is a technical drafting amendment. The purpose of the amendment is, for technical and drafting reasons, to add section 34(6) of the Planning and Development Act to...

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

Peter Burke: With regard to amendment No. 305, the purpose of the amendment to section 173(1) of the Planning and Development Act on permission for development requiring environmental impact assessment is to insert "or Chapter III of Part XXI" after "In addition to the requirements under section 34(3)". This is to ensure applications made under Chapter III are covered under the provision that relates to...

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

Peter Burke: I note the comments. We do not have it at present, but we are working on it with the Attorney General's office, which is leading a review and a fitness test of the planning code. That will obviously form part of it.

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

Peter Burke: Absolutely. I am happy to give that support. The members could compile a list of questions.

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. 293: In page 224, to delete lines 17 to 25 and substitute the following: " (ab) development by a coastal planning authority that—(i) owns the maritime site on which the development is proposed to be situated, or (ii) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of...

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. 294: In page 225, to delete lines 4 to 28.

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. 295: In page 225, to delete lines 29 to 34 and substitute the following: “ (c) development consisting, or for the purposes, of the construction or operation, in accordance with a consent under subsection (1) of section 40 of the Gas Act 1976, of an upstream pipeline, ”. Amendment agreed 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. 296: In page 225, to delete lines 35 to 38 and substitute the following: “ (d) development for the purposes, or consisting, of dumping within the meaning of the Dumping at Sea Act 1996; ”. . Amendment agreed 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. 297: In page 225, to delete lines 39 to 47 and substitute the following: “ (e) development authorised under section 638 of the Merchant Shipping Act 1894 or section 3 of the Merchant Shipping (Commissioners of Irish Lights) Act 1997 by the Commissioners of Irish Lights for the purposes, or consisting, of the placement of...

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. 298: In page 226, to delete lines 1 to 4 and substitute the following: “ (f) activities that are the subject of, or require, a licence under Part of the Maritime Area Planning Act 2021; ”.

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. 299: In page 226, to delete lines 5 to 7 and substitute the following: “ (g) development consisting of the use of any land or maritime site for the purposes of— ”.

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. 300: In page 226, to delete lines 11 to 17 and substitute the following: “ (1B) Development referred to in paragraph (a), (d), (e), (f) or (g) of subsection (1A) shall not be exempted development if an environmental impact assessment of the development is required. ”.

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. 301: In page 226, to delete lines 18 to 24 and substitute the following: “ (1C) Development referred to in paragraph (a), (d), (e) or (g) of subsection (1A) shall not be exempted development if an appropriate assessment of the development is required.”. ”.

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. 302: In page 226, between lines 26 and 27, to insert the following: “ 4. Section 12 The following subsection is substituted for subsection (18):“(18) In this section ‘statutory obligations’ includes—(a) in relation to a local authority, the obligation to ensure that the development plan is consistent...

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