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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: The main point is that guidance could be issued. If needs be, the Minister of the day could issue regulations in this regard.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: That is a good suggestion. We can certainly ask the officials to talk to the regional assemblies about how best to deal with those concerns.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: This is really about defining the roles in terms of co-operation, giving clarity to the local authorities on co-operation and providing that the Minister can direct local authorities in this regard. To date, it has been the practice of local authorities to set up technical working groups or technical groups to examine certain issues, including urban development and population, to feed into...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: The word "shall" is used so the three regional assemblies will have a clear direction on what they have to do.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: No. Not all national planning statements require or need consultation. The word "may" is technical. The word "shall" is used so that a very clear direction can be given to the three regional assemblies on their responsibilities. On the additional supports needed, subsection (9) reads, "A reasonable request for assistance made by a regional assembly by virtue of paragraph (b) of subsection...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: I move amendment No. 268: In page 79, to delete lines 34 to 38 and substitute the following: “(17) A failure to comply with subsection (1) of section 28, subsections (5) and (11) of section 29, subsections (3) and (4) of section 31 and subsection (10) within the time period specified therein shall not of itself invalidate a regional spatial and economic strategy.”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: The word "draconian" overstates it. It is to ensure plans are up to date, to keep planning out of the courts, and to ensure there is alignment at all levels. It is important there is consistency across the board. Those are the main reasons in terms of the questions Deputy Ó Broin asked.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: As things stand, gaps in policy and timing are being exploited, resulting in judicial review. There needs to be clear alignment from the national to the regional to the local. National policy should relate only to matters that require national consistency. We all agree on the need for a plan-led system. It has to be commensurate to the plan-making level. The explanatory memorandum on...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: That would be part of the ongoing overall review of the legislation as we legislate. We have looked at the role of the OPR and are happy there is an appropriate role for both the Minister and the OPR in issuing draft directions. The OPR recommends to the Minister to issue draft directions. It is around the overall theme of consistency of application throughout the system. Far from...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: Mahon was 2012 and there have been significant changes since that time. The Government is happy it is an appropriate role for the Minister and the OPR, in terms of issuing draft directions and the OPR recommending to the Minister on the issue of draft directions. It is very much an oversight role and in our view a proportionate one.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: To clarify on the inconsistency question, there are gaps due to conflicting plans or policies and this is just to remove any ambiguity or uncertainty. It is a necessary means to counteract uncertainty that results in what could be court-led or judgment-led, as opposed to plan-led, planning. The objective is to try to get it right from the start in order we get it at the outset at whatever...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: Section 34 (3) states: If the Office of the Planning Regulator, upon consideration of a report submitted to it under subsection (1), is of the opinion that there is a material inconsistency for the purposes of that subsection and— (a)is satisfied that the steps proposed by the regional assembly shall be sufficient to remove the material inconsistency concerned— (i) the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: It states "shall", so they will have to do it, according to the legislation.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: If it is okay, in order to clarify, I will speak to the note on the proposal by Deputies Ó Broin, Gould and Snodaigh to delete this section in its entirety.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: This section provides for a new procedure enabling the timely amendment of the regional, spatial and economic strategy so as to make it materially consistent with new or revised national planning policies and measures. The section applies where an amendment to the RSES is necessitated by an issuance of a new or amended national planning statement and is being made to ensure that the RSES is...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: On the first question from Deputy Ó Broin, the expiration of the six-week period is again just to ensure the meeting is carried out and that it is done. It is to give time. Specifically, regarding-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: Yes. It is just to ensure that it is carried out.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: It is six calendar weeks.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: Yes.

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