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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Yes, it is amendment No. 1098.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: On the Deputy's second point, it is basically to make the provisions more legally robust. The general provisions are technical in nature.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: I will come back to the Deputy on it. I will first deal with the amendments relating to An Bord Pleanála and then we can tease it out. Amendments Nos. 1098, 1109, 1112 to 1114, inclusive, and 1118 to 1121, inclusive, are transitional provisions relating to An Bord Pleanála. They supplement those already provided for under the Bill. They include provision for: ministerial...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Correct.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Obviously, if it has gone to An Bord Pleanála prior to the new legislation coming in, it will continue under the 2000 Act.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Is the Deputy referring to the ministerial statements?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Yes, sorry.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Yes. That is flagged for Report Stage.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: I take the point, which the Deputy makes in a genuine manner, but these are matters for the chairperson of An Bord Pleanála and the CEO designate.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: As for the transitional measures, they came out of discussions the Department had with An Bord Pleanála. We want to go through issues here in great depth and get them spot on, and we very much welcome the fact the Deputy is engaging in a constructive manner. His points are duly noted.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: In brief, it is for the avoidance of doubt and to ensure there will be no ambiguity. That is the main purpose of bringing in these additional transitional measures under Part 23. It is for the avoidance of doubt. They will apply to multiple provisions of the legislation. They are of general application but, as the Deputy will appreciate, we are carrying out a review here after many...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: It will be a decision of the Government or the Minister of the day.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: They will be incorporated into the national planning statement.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: In simple terms, the section 28 guidelines will stay in existence until the Minister, whoever that is, decides to bring forward the national planning statement. They will then effectively supersede the section 28 guidelines. That said, guidelines will also be issued with the national planning statement.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: They cover the preservation objectives. It is the same principle as the section 28 guidelines. They will continue until such time as they are replaced by ministerial statement, and it will be up to the Minister of the day to decide on that matter. Whatever is there at the moment will continue.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Any guidelines that are there, whether section 28 or section 52, will remain in place until a Minister decides to bring forward a national planning statement. We will have a look at this before Report Stage to see whether we need to provide more clarity on that area in the legislation in the interests of certainty. The guidelines will continue. Nothing will change until a national planning...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: In what sense?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: No.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: I can provide a bit of comfort, going back to Deputy O'Callaghan's point. Section 24 deals with considerations for the issuance of the national planning statement. Section 24(1) reads: In deciding to issue and in formulating or amending a National Planning Statement under section 23, the Minister shall have regard to the desirability of setting out policy and providing guidance in...

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