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

Eoin Ó Broin: It is 5 p.m. and the officials have to eat before the next session.

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

Eoin Ó Broin: In fairness to the staff and officials - and I have no difficulty staying here all night - if we go another ten minutes we still have to break for an hour. Folks here have to eat. If people are happy with that then I have no issue with it.

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

Eoin Ó Broin: Amendment No. 410 relates to section 48 on page 107 of the Bill. This is the obligation to prepare strategies for conservation of natural and built heritage. In the amendment, from (1)(a) through to (l), there is a variety of different areas that could be considered for the strategy. I want to include an additional one, under (k), which would be areas subject to special amenity area...

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

Eoin Ó Broin: Is there any initial response that the Minister of State, Deputy Collins, or his officials can give us in terms of the proposition with respect to this specific amendment? I realise the Minister of State has just come in. We had quite a lengthy discussion around other areas but this is a very specific proposal which we have not discussed with the Minister of State, Deputy Noonan.

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

Eoin Ó Broin: No rush. We are here all night, literally.

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

Eoin Ó Broin: The function of this section of the Act is to place an obligation on planning authorities to prepare strategies for conservation. It gives a list of the various areas that should be considered in those strategies. I want to include areas subject to special amenity area orders but also to go beyond those that are currently designated to include identification of areas where such orders would...

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

Eoin Ó Broin: I wish to make one point. I do not envy the Minister of State, Deputy Collins, at all because he has been dropped into an area that is not his ministerial brief. We are going to have other Ministers come in who are not from our Department, and this is absolutely not a criticism - I want to stress that. However, we need to be able to engage with the substance of the amendments, no matter...

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

Eoin Ó Broin: It would not be a satisfactory way to proceed.

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

Eoin Ó Broin: It would not be a satisfactory way to proceed, if it was to happen repeatedly.

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

Eoin Ó Broin: I will take it as said.

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

Eoin Ó Broin: The purpose of this section is it places an obligation on planning authorities to develop a strategy for conservation and it lists a range of issues that would be included. I want to have those SACs included in the consideration for that strategy. That is the first part of the amendment. The second part is that there would be no harm in developing that strategy to look beyond the current...

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

Eoin Ó Broin: I look forward to that.

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

Eoin Ó Broin: I accept that some of these are minor amendments but I do not accept that all of them are. I would like the Minister of State to go through six amendments in this group individually and explain the rationale and consequences. The first one is amendment No. 26. Could the Minister of State explain the use of the phrase "retrospective consent"? Regarding amendment No. 581, I am looking for...

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

Eoin Ó Broin: Just before the Minister of State moves on to amendment No. 26, while I understand what retention permission means in that sense, why is it being inserted here? What is the value of inserting retention permission in this particular section?

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

Eoin Ó Broin: I am genuinely not being awkward but what I am trying to get at is why that is being done.

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

Eoin Ó Broin: Some of these definitions and sections end up being subject to significant legal challenges, not only in the Irish courts but in the European courts. The specificity of the language is probably more important here than in other places. What is the utility of splitting "permission for development or retention" into "permission for development" and "retention permission"? That is the bit I...

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

Eoin Ó Broin: How does that differ from retention because retention is the seeking of permission after the fact?

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

Eoin Ó Broin: I get that and that change is being made a number of times. The reason I am querying it is I am wondering whether “retention permission” has a greater utility than “retention”?

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

Eoin Ó Broin: The process by which one seeks retention is not being changed in that people will always have to apply for retention.

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

Eoin Ó Broin: Okay.

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