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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Darragh O'Brien: I understand what the Deputy is saying. The answer to his question is that it would not. National planning statements are not all issued, as the Deputy will be aware, in advance of a development plan cycle. A development plan is done. The written statement is laid out. A national planning statement could deal with any issue. For argument's sake, it could be improvement in design...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Darragh O'Brien: Does the Deputy want me to-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Darragh O'Brien: For argument's sake, in the real world, if a national planning statement is brought in, there could be a big issue with regard to urban design standards. It may be discovered that there is better practice out there and the Government may decide that this needs to be looked at. The planning policy would evolve during that process. That could happen at any time. A development plan exists in...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Darragh O'Brien: We have discussed this at length. I have given my view. If we were to delete the line in question, as proposed in the amendment, it could be argued that a planner-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Darragh O'Brien: That could be argued. The Deputy has a view on this and considered what the courts may decide. It could be argued that a planner does not have to assess the national planning statements or, indeed, any of the other things. The section simply sets out the process and, in effect, a planning checklist. I do not know whether the amendment was proposed by the Irish Planning Institute or-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Darragh O'Brien: -----but simply deleting the line in question in order that, in effect, a planner would not have regard to or assess the national planning statements would make for poor legislation that could be challengeable. An argument could be made as to why regard was not had for the national planning statements.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Darragh O'Brien: I can give an answer on amendment No. 202 now if Deputy O'Callaghan wants.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Darragh O'Brien: We had a fair discussion on matters relating to this, I think it was the week before last. Deputy O'Callaghan has outlined that amendment No. 202 seeks to provide that a planning statement can be issued in respect of the "promotion of human health and well-being". We had quite a detailed discussion on this already. Last week we discussed a similar amendment on human health and well-being...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Darragh O'Brien: Not to interrupt the Deputy but I could debate affordable housing and what we have done on delivery of affordable housing with him here and I will. Maybe I will do that when I come back in, Chair, but in the context of planning, I do not want to-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Darragh O'Brien: Sure.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Darragh O'Brien: To be honest - and it is a fine park - if they are locked, that is a matter for the local authority. They were built and planned for. It is not a failure of the planning system.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Darragh O'Brien: Is the Deputy saying they are locked all the time?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Darragh O'Brien: Nobody is able to access them?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Darragh O'Brien: We will take that up with DCC. I will take that up. It is not really a matter for this planning Bill but-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Darragh O'Brien: It is actually an operational matter. They are built. They were planned for and they built them.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Darragh O'Brien: The reality is that they were planned for. The park was planned for and it is open. It is built. If they are closed, that is operational.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Darragh O'Brien: It does matter to people, of course it does. I was not saying it does not matter to people. There is obviously an operational matter in Dublin City Council as to why it has not allowed access to toilets that were planned for and built. Were they closed from day one? Have they always been closed? I should not really be talking about that to the Deputy, I will take this off to the side.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Darragh O'Brien: Did Deputy McAuliffe speak to amendments Nos. 210 and 212?

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