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

Steven Matthews: In my amendments Nos. 713, 714 and 719, I am proposing that the words "in detail" be inserted in the relevant provisions. I have often seen situations where a decision is made but is not outlined in any detail. This is in reference to decisions made by the board. It would be helpful to the process if decisions were required to be given in detail. Subsection (2)(a)(i) of section 123...

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

Steven Matthews: Let me try to explain what I am trying to do. The content of the inspector's report and the decision of the board do not always align with each other. In other words, the board can make a decision that is not the recommendation of the inspector. One generally does not see in the board's decision the detail one sees in the inspector's report, so it would be very helpful if people had, when...

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

Steven Matthews: I might have a think about that. I take the Minister's point.

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

Steven Matthews: Amendment No. 737, concerning material alteration, also suggests the inclusion of "in detail". The Minister has covered amendments Nos. 713, 714, 719 and 737.

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

Steven Matthews: That is fine.

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

Steven Matthews: I thank the Minister.

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

Steven Matthews: The Minister spoke to several amendments. He probably has the logical grouping indicating the way to proceed with them.

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

Steven Matthews: Yes. Amendment No. 762 relates to section 144 on the revocation or modification of permission by a Minister. Amendments Nos. 762 and 763, both of which are in the grouping, relate to section 144. Amendment No. 762 is to insert "Minister for Environment, Climate and Communications", who could be requested to revoke or modify a permission. Through amendment No. 763, I would add to the list...

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

Steven Matthews: That is probably more relevant to the Minister for Defence, though, in that it involves protecting the State rather than itemising an asset. The Minister might consider my amendments.

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

Steven Matthews: I intend to withdraw the amendments but the Minister might consider the communications aspect. That is amendments Nos. 762 and 763 covered.

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

Steven Matthews: Amendment No. 764 relates to section 147(2)(c) and concerns local authority development. Subparagraph (ii) refers to "traffic calming measures to enhance public bus services or improve facilities for cyclists under section 38" of what I assume is the Roads Act. I am looking for clarification here. Would safety and infrastructure be covered by "facilities"? I can see how infrastructure...

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

Steven Matthews: Let us say we put in things to segregate a cycle lane. I do not know what the names of those things are. Would that be classed as a facility? A facility for cyclists is like a shelter or something the cyclist uses. Would those kinds of things be covered under a safety measure?

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

Steven Matthews: I can see how infrastructure-----

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

Steven Matthews: Is the Minister satisfied "improved facilities" would cover safety measures for cyclists?

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

Steven Matthews: The Minister is satisfied. I proposed to insert that wording because I thought the word "facilities" might be too vague and might not cover safety. If the Minister is satisfied that it is covered, I am happy enough. Amendment No. 767 refers to section 153 and relates to what we would know as a Part 8 decision by a local authority. We have already discussed sections 103 and 107. I think...

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

Steven Matthews: Section 107 then refers to modifications, so there is an allowance for modifications to be made in a planning decision. As far as I can remember, in a Part 8 decision the wording is that the members can accept, amend or reject the application under the old section 179.

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

Steven Matthews: I am trying to seek clarity on the extent of a modification that members of a local authority can make to a Part 8 application. It does not seem to be covered in it as well. I have seen Part 8 applications being passed where modifications were agreed in the council chamber that I thought were quite substantial and changed the development. I remember one about a wall being built. It was...

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

Steven Matthews: There is no appeals process to a Part 8 application either. There is no appeal to the board on a Part 8 application.

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

Steven Matthews: I want to clarify a point with the Minister about the decision-making powers. We have to trust councillors who are elected by a democratic process. They have a role all the way through the planning system, from the development plans and Part 8s. What I am seeking to do is to introduce something similar to what is in section 103(3)(b). The word "substantially" is used there. If it is...

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

Steven Matthews: I agree with most of the contributions. Generally, Part 8 is a good process. It is a very democratic process. I am not talking about where the chief executive's report comes forward and contains something that may not have been in the public consultation. Something may have occurred in the process. In that situation, the councillors are free to reject that part of the chief executive's...

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