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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: It is to transition the current permissions out of the old Act, as I take it, and then for the permissions under this Act and to allow that time period to commence this.

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

Malcolm Noonan: Yes after two years they would.

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

Malcolm Noonan: Yes.

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

Malcolm Noonan: Yes. We will get clarity on that for the Deputy.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Malcolm Noonan: I move amendment No. 733: In page 267, line 25, to delete ", Part 5,".

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Malcolm Noonan: It is only for maritime development.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Malcolm Noonan: I understand the contractual commitments entered into by the person are under the maritime area consent and it is so long as the material alteration request is not at odds with this. The MAC is separate from the material alteration request.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Malcolm Noonan: It has to do with maritime development.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Malcolm Noonan: Is Deputy O'Callaghan asking why the MAC is not specifically referenced in the section?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Malcolm Noonan: It is implicit because it is maritime development. It is implicit that the MAC is the contractual commitment.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Malcolm Noonan: No.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Malcolm Noonan: The critical point in section 137(4) is in the opening paragraph, which states "In making a decision under subsection (1) in relation to a material alteration request to alter or extend a permission for maritime development, the deciding authority shall, in addition to the matters set out in section 83" have regard to subsections (a), (b) and (c).

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Malcolm Noonan: It is because it is maritime.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Malcolm Noonan: It all has to do with the MAC.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Malcolm Noonan: Because it only applies to maritime development. Maritime area consent has to be in place. It only applies to this.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Malcolm Noonan: Only where it applies to maritime development. They must have a maritime area consent, MAC, before getting planning permission for a maritime site.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Malcolm Noonan: The contractual commitments are the commitments under the MAC.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Malcolm Noonan: I take on board the point the Deputy is making. We could look at the wording if that would help clear that up.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Malcolm Noonan: Is that okay?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Malcolm Noonan: I move amendment No. 740: In page 272, line 14, to delete "asked" and substitute "requested".

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