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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: It will ensure the review will be carried out every ten years. The section on the national planning framework provides that the national planning framework in effect at any time must plan for a period of more than ten years and not more than 20 years. It will modify section 20(c) of the Act to link the review of the national planning framework to the census results. The first review shall...

Seanad: Nithe i dtosach suíonna - Commencement Matters: Building Regulations (27 Feb 2024)

Malcolm Noonan: I thank Senator Boylan for raising the issue and providing me with the opportunity to update the Seanad on the steps my colleague, the Minister, Deputy Darragh O’Brien, is taking with regard to this important matter. The building regulations set out minimum standards for the design and construction of buildings and works to ensure the health and safety of people in and around such...

Seanad: Nithe i dtosach suíonna - Commencement Matters: Building Regulations (27 Feb 2024)

Malcolm Noonan: Certainly, we are not waiting for the EU. It is worth reiterating that the building regulations are performance-based and technology and material neutral. These regulations are subject to ongoing review in the interests of the safety and well-being of persons in the built environment and to ensure due regard is taken of changes in construction techniques, technological progress and...

Seanad: Nithe i dtosach suíonna - Commencement Matters: Departmental Schemes (27 Feb 2024)

Malcolm Noonan: I thank the Senator for raising this important issue. The case study she has presented is obviously challenging for the family involved. A key priority for the Government is that everybody should have access to sustainable and good quality housing to purchase or rent at an affordable price, built to a high standard and located close to essential services, offering a high quality of life....

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: It bases the decision on the information provided at the time. It is up to the first party to provide all the information.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: The approach we have taken is based on legal advice from the Attorney General. As a reminder, we are looking at the third-party review. We will need to review section 11 in that context too.

Written Answers — Department of Housing, Planning, and Local Government: Environmental Policy (27 Feb 2024)

Malcolm Noonan: Ireland's 4th National Biodiversity Action Plan (NBAP) 2023 2030 was published in January and sets out Ireland’s vision for biodiversity, namely that by 2050 “Biodiversity in Ireland is valued, conserved, restored and sustainably used, maintaining ecosystem services, sustaining a healthy planet and delivering benefits essential for all people”. The Plan strives for a...

Written Answers — Department of Housing, Planning, and Local Government: Waterways Issues (21 Feb 2024)

Malcolm Noonan: I propose to take Questions Nos. 101 to 105, inclusive, together. Waterways Ireland proposes to update the Shannon Bye-laws and Canal Bye-laws which are more than 30 years old and no longer fit for purpose. The needs of users have changed, environmental landscape and health and safety considerations have developed significantly and the waterways themselves have been transformed over the past...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Malcolm Noonan: In his opening comments, the Deputy stated that it was good legislation when it was introduced by the then Minister, Eoghan Murphy, and it was supported by the Opposition at the time. I gave a commitment that we would look at the wording in the regulations if that is of any help. The advertising element is not a matter for the planning Bill. As I said, the short-term tourist letting Bill...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Malcolm Noonan: That would be our intention. As members see in section 4, there is a definition of what exempted developments are. That will be moved into regulations. At that point there will be an opportunity for the Oireachtas to-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Malcolm Noonan: The following amendments relate to section 9 of the Bill regarding exempted development. I will be moving amendment No. 50, which is a minor amendment to a reference in section 9. Currently, the Bill refers to making exemptions for development that would, but for the repeal of subsection (1) of section 4 of the Act of 2000, be exempted development within the meaning of that Act. Limiting...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: Amendment Nos. 38 and 39 propose to add two new subsections to section 4 to provide that the Minister shall establish a list of prescribed bodies which include organisations engaged in either environmental protection, protection of built heritage, archaeological, historic or cultural heritage that will be consulted with when making regulations. The amendments also propose that there should...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: There are a couple of things. I absolutely accept the points made by both Deputies. Compliance around Aarhus is important in planning, generally. Going through the strategic environmental assessment, SEA, process, as I mentioned, public consultation does take place. Also, under our orders and regulations section, the Minister shall, before making regulations, consult with State...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: Exempted development is still required to be before the Oireachtas. As I said, the timing of debates is a matter for the scheduling of the Dáil. As I have said previously, the Bill states that every order and regulation "shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: Amendment No. 42 proposes to delete section 4(6), which restates section 269 of the 2000 Act - they are almost identical - and is a standard technical provision to enable the Minister make regulations to remove any difficulty in the operation of any section of the Bill, within three years of the commencement of the Bill. For the benefit of Deputy O'Callaghan, it has never been used, so I...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: It would be treated the same as any other regulations, and regulations under this Act "may contain such incidental, supplementary and consequential provisions as appear", and as we stated, and, "Regulations are proposed to be made under subsection (1) of section 9 or subsection (2) of section 412, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: There is a difference between the provision in this Bill and in the Act of 2000. This Bill provides that "no regulation shall be made under this section in relation to any provision of this Act after the expiration of 3 years commencing on the day on which the provision comes into operation". That is not in the Act of 2000. Again, by way of assurance and as I stated, any changes that would...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: ...active participant in the process of developing this Bill. In terms of the Aarhus Convention generally, the Bill has been drafted to ensure full compliance with the convention. Public participation takes place at many different levels, probably most critically at development plan level. It is of huge value, particularly to environmental organisations, but also to the wider public....

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: On the first question, it is a well-made point on multiple regulations overlapping, particularly in relation to An Coimisiún Pleanála. The Department established the planning regulations review working group to review and prepare the secondary legislation. The timelines are ambitious and may change according to the demands. The Department is working with An Bord Pleanála to...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: They are under consideration at present. Again, I do not have to hand which specific ones. I can revert back to the committee on those.

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