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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: Yes, to EU law.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: Under ministerial amendment No. 26, retrospective consent is defined as “retention permission for development in respect of which an appropriate assessment or an environmental impact assessment is required”. As I was saying, there could be a retention permission for a development in broader areas in breach of EU law, such as the water framework directive. The Minister of State...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: Will the Minister of State give me a longer answer than that? What does it mean that the water framework directive is being dealt with separately? In what sense is it separate? Is it separate to the Government’s definition in amendment No. 26 or where is it being dealt with separately?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: Does it deal with them only?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: It does not deal with a breach of, say, the water framework directive.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: It is, therefore, exactly as written. It does not cover other breaches of EU law or whatever.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: In that case, that is not different from what we understand to be substitute consent under the 2000 Act.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: There were wider breaches than just those relating to EIAs and AAs, were there not?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: Nothing else, therefore, will fall under retrospective consent.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: The answer I got there was a complete change to that which I got earlier, when it was said the definition did include more. The issue I was raising related to the fact the definition of substitute consent has been completely insufficient, so I would have thought the Bill was a chance to update that and to cover other breaches of EU law and directives. Clearly, however, from what has been...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: Okay, so that is being looked at separately altogether-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: -----with different legislation altogether, potentially.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Cian O'Callaghan: I thank the Minister of State.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Cian O'Callaghan: I move amendment No. 30: In page 36, between lines 21 and 22, to insert the following: “ “traditional Gaeltacht settlement patterns” means clusters of individual houses on the same road;”. As the person moving the amendment, am I not allowed to speak to it?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Cian O'Callaghan: Sure. I will come back in on my other amendments in this grouping.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Cian O'Callaghan: I have grouped my amendments into about six similar subgroups. That would make it much more manageable. Amendment No. 30 is for the purposes of definition. It relates to the issue of the threat the language is under in Gaeltacht areas due to planning failures, with Irish-language speakers not being able to find somewhere to live in their Gaeltacht communities, which is very serious....

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Cian O'Callaghan: To be helpful, we have pretty much discussed amendment No. 30. If we could hear the note on amendment No. 30 and then we can move on from there.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Cian O'Callaghan: Amendment No. 30 is quite different from the other subgroupings.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Cian O'Callaghan: The next subgroup includes ten or so of my amendments. I am trying to be efficient in coming in now on amendment No. 30. I thank the Minister for his response to it. The amendment seeks, in reference to the definition, to recognise traditional Gaeltacht patterns. In terms of sustainable development, including sustainable housing development, I am a big supporter of reducing car dependency...

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