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

Malcolm Noonan: Yes.

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

Malcolm Noonan: To reiterate, both of those amendments are a minor reordering, or editing, of existing text for clarity and consistency.

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

Malcolm Noonan: Yes.

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

Malcolm Noonan: That amendment will add a definition for a draft special planning control scheme to Chapter 2, so it is deliberate, from an operational point of view, to include it at that point.

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

Malcolm Noonan: The definition of "architectural conservation area" is found in other sections as well, as I understand.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: If is okay I will address amendments Nos. 36 and 37. Deputy Ó Broin has asked that I deal with these two specifically because of the term. It is normal language. It is in the 2000 Act. Amendment No. 36 seeks to remove the reference to "expedient" in section 4(2). The subsection provides that regulations under the Act may contain such incidental, supplementary and consequential...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: Section 4(5), which deals with orders and regulations, states: Every order (other than an order under subsection (2)of section 1) of the Minister and every regulation (other than a regulation referred to in subsection (4)) of the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: I will try and get that. On the term "expedient", the language used in the section is, as I have stated previously, normal in legislation. The wording we are using is being used on advice on the Office of the Parliamentary Counsel. That is part of our rationale for using words such as "necessary" and "expedient".

Ceisteanna ar Pholasaí nó ar Reachtaíocht - Questions on Policy or Legislation (21 Feb 2024)

Malcolm Noonan: I absolutely appreciate the concerns of landowners but road safety is one of the issues that is not covered under the Wildlife Act. Therefore the cutting of trees that are causing, or have the potential to cause, a road safety hazard can still be carried out but there are no plans to extend out the hedge-cutting season.

Written Answers — Department of Housing, Planning, and Local Government: Hedge Cutting (20 Feb 2024)

Malcolm Noonan: I propose to take Questions Nos. 332 and 333 together. The dates for the cutting of hedges are set down in primary legislation. Section 40 of the Wildlife Act prohibits the cutting of vegetation, with certain strict exemptions, from 1 March to 31 August. There is provision in the legislation for certain exemptions in respect of cutting vegetation in the ordinary course of agriculture or...

Written Answers — Department of Housing, Planning, and Local Government: Referendum Campaigns (20 Feb 2024)

Malcolm Noonan: The Citizens’ Assembly on Biodiversity Loss (CABL) published its’ report in April 2023. This report was referred to the Joint Committee on Environment and Climate Action, who held a series of engagement with stakeholders to discuss the issues raised. The Joint Oireachtas Committee on Environment and Climate Action published their report on the recommendations of the CABL in...

Written Answers — Department of Housing, Planning, and Local Government: Waterways Issues (21 Feb 2024)

Malcolm Noonan: I propose to take Questions Nos. 101 to 105, inclusive, together. Waterways Ireland proposes to update the Shannon Bye-laws and Canal Bye-laws which are more than 30 years old and no longer fit for purpose. The needs of users have changed, environmental landscape and health and safety considerations have developed significantly and the waterways themselves have been transformed over the past...

Written Answers — Department of Housing, Planning, and Local Government: Wildlife Regulations (22 Feb 2024)

Malcolm Noonan: The dates for the cutting of vegetation and hedges are set down in primary legislation. Section 40 of the Wildlife Act 1976 prohibits the cutting of vegetation, with certain strict exemptions, from 1 March to 31 August. There is provision in the legislation for certain exemptions in respect of cutting vegetation in the ordinary course of agriculture or forestry, for health and safety...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: Improper or immoral is not the meaning behind this provision in the Bill. The wording is "necessary or expedient". Section 4(2) states, "Regulations under this Act ... may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient". Expedient in this sense means quicker, where it is required. It does not mean those...

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