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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Malcolm Noonan: Amendments No. 883 and 884 relate to section 214. The section outlines the additional provisions that apply to environmental impact assessments and screening for EIA in respect of applications for retrospective consent. Amendment No. 883 would insert a provision that the screening for EIA also take account of the "cumulative impact likely from the permitted developments in proximity to...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Malcolm Noonan: The objective is to try to retrospectively address issues where an EIA has not been carried out. The development has taken place so this tries to retrospectively deal with the issues that would have arisen from that particular development, if the Deputy understands.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Malcolm Noonan: I refer the Deputy to section 214(1), which states: A competent authority shall, for the purpose of carrying out a screening for environmental impact assessment under section 207 in relation to a relevant development that has been or is being carried out, take account of any likely significant effects on the environment that— (a) have occurred, (b) are occurring, or (c) could...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Malcolm Noonan: It could be for an application for retention.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Malcolm Noonan: We will.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Malcolm Noonan: I move amendment No. 722: In page 265, between lines 2 and 3, to insert the following: “Application of Part 6 134. Part 6 shall apply in addition to this Chapter and, accordingly, the deciding authority shall, for that purpose, be the competent authority under that Part.”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Malcolm Noonan: I am discussing amendment No. 726. Am I in the wrong grouping?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Malcolm Noonan: Will I start with amendment No. 725?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Malcolm Noonan: Amendment No. 726 seeks to amend section 135 regarding a request for alteration or extension of permission by clarifying that a development must have commenced before an extension of duration can be sought. The Bill as initiated did not have any restriction on when a request for an extension could be sought. It is appropriate that a request for an extension of duration can only be made...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Malcolm Noonan: Amendment No. 729 inserts a new section regarding limitations on extension of duration of permission to provide that only one application for an extension of duration can be made and that the period of the extension must be in line with the length of the original permission. If the permission is for five years, then the extension cannot be for longer than five years. Again, the intent of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Malcolm Noonan: The term "substantial works" was possibly open to interpretation.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Malcolm Noonan: It can be more than a commencement notice. Subsection 135(3) refers to such documents or information as may be prescribed so that can be determined in terms of what is meant by a commencement notice.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Malcolm Noonan: Regarding a request for alteration or extension of permission.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Malcolm Noonan: That information would be set out in regulation. If you look at the amendment-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Malcolm Noonan: I am referring to section 135(3)(iii).

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Malcolm Noonan: It is page 266.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Malcolm Noonan: It is line 30.

Written Answers — Department of Housing, Planning, and Local Government: Environmental Policy (9 Apr 2024)

Malcolm Noonan: The Government welcomes the formal adoption of the Nature Restoration Regulation (NRL) by the European Parliament during its Plenary session on 27 February 2024 which paves the way for Member States to approve this position. Once the text is adopted by the Council, it will become law. The Regulation sets out a framework for Member States to restore nature, with binding targets for a wide...

Written Answers — Department of Housing, Planning, and Local Government: National Monuments (9 Apr 2024)

Malcolm Noonan: Legal proceedings to stop works on the 1916 Commemorative Centre project were initiated in the High Court against the State in the High Court in early 2016. At the same time the buildings were occupied illegally by protestors opposed to the project. While the High Court held on 18 March 2016, inter alia, that areas of Moore Street and surrounding streets were national monuments as had...

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