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Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: I move amendment No. 14: In page 6, line 4, to delete “or” where it secondly occurs and substitute “and”.

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: This amendment is effectively around trying to copper-fasten the climate aspects. We have interlocking sets of environmental protections in our planning piece, some of which are less robust than previously because they involve an intersection between the Departments responsible for planning and heritage, a check and balance that is now gone. We are looking at that set of environmental...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: We may have already touched on this point when we discussed housing. I am concerned about amendment No. 40 on the variations. The answer seemed to be that if issues were identified under the SEA, there would be no extension. I understand there may be circumstances where it is a very specific issue and I do not want to create a dynamic in which one very specific issue will interfere with...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: I move amendment No. 17: In page 6, between lines 8 and 9, to insert the following: “(2A) Where an extension of a development plan amounts cumulatively to a period of more than six months a strategic environmental assessment shall be considered to be required.”. In recognition of amendments Nos. 13 and 15, which address at least half of my concern in amendment No. 17, I...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: These amendments seek to mirror the period of time that would be available for public consultation. Quite a strong argument was made earlier that a vote on the extension would mirror similar votes on other development plans or variants of development plans. I discussed with others the question of a three quarters majority vote or a simple majority vote during the interval in voting. I...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: I move amendment No. 21: In page 7, between lines 3 and 4, to insert the following: “(ia) include an assessment of the potential impact of an extension on the local authorities achievement of obligations as a relevant body under section 15 of the Climate Action and Low Carbon Development Act 2015,”.

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: Amendment No. 25 is slightly different and might be taken separately but I am happy to speak to them together.

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: That is fine.

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: I will address them and I might have to go back and forth a few times.

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: I move amendment No. 22: In page 7, between lines 3 and 4, to insert the following: “(ia) include an assessment of the potential impact of an extension on the local authorities achievement of obligations as a relevant body in respect of the public duty on equality and human rights and the United Nations Convention on the Rights of Persons with a Disability,”. Amendments...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: I thank the Minister of State for his answer. I will probably introduce a one-line Bill but I would be quite happy if the Government included it in some other Bill. I note that there is precedent. The period of time was previously extended by a similar one-line provision in a miscellaneous Bill a few years ago so it is a simple matter that would give us the space to do this kind of mapping...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: Yes.

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: I move amendment No. 23: In page 7, between lines 3 and 4, to insert the following: "(ia) include an assessment of the potential impact of an extension on matters identified under section 10(2)(n),".

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: I move amendment No. 24: In page 7, between lines 3 and 4, to insert the following: “(ia) include an assessment of the potential impact of an extension on matters identified under section 10(2)(n) to (o),”. I will withdraw amendments Nos. 24 and 25 in light of the Minister of State's indicated engagement.

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: I move amendment No. 25: In page 7, between lines 3 and 4, to insert the following: “(ia) include an assessment of the potential impact of an extension on matters identified under section 10(2)(o),”.

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: Could I just clarify whether amendment No. 28 is included in the grouping?

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: I move amendment No. 26: In page 7, between lines 3 and 4, to insert the following: “(ia) include observations made by the Office of the Planning Regulator,”. Amendment No. 26 suggests that the chief executive's report that is given to local authority members before they determine whether to provide an extension to the period of a development plan would include...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: We need to be very clear. I hope this will be addressed in the Dáil. Subsection (6) does not set out the matters which the local authority members may consider; it sets out the matters to which they "shall be restricted to considering". That is the language. I am not looking to take anything away; I am looking to widen the power of the local authority members over the matters they...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: With respect, I understand that the Minister of State does not want to move towards or bring in other issues, but that is not what the restriction is. The restriction here still excludes; it excludes anything else that happens. Perhaps the fact that section 11D has been removed from section 9A means that section 11D is not here. It does not include the other subsections of section 11D....

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: I move amendment No. 28: In page 7, lines 10 and 11, to delete “shall be restricted to considering” and substitute “shall consider”.

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