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

Cian O'Callaghan: One of the reasons hedgerows are specifically named is that they have huge significance in terms of biodiversity and protecting land and agriculture.

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

Cian O'Callaghan: The Minister has spoken in support of nature restoration.

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

Cian O'Callaghan: Absolutely, so it logically follows that the Bill should reflect that and state "conservation and restoration of the environment and its amenities".

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

Cian O'Callaghan: This is on prescribed bodies. In the 2000 Act, the matter is not left to the discretion of the Minister. The Act clearly specifies prescribed bodies as part of the procedure for reviewing the NPF. With regard to consultation, the Bill, in section 21, specifies Members of the Oireachtas, regional assemblies, local authorities, the commission, the Office of the Planning Regulator, the...

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

Cian O'Callaghan: The Minister answered my point about compliance with the strategic environmental assessment, SEA, directive by saying that section 21(3) states that the national planning framework shall be subject to the directive and the regulations but Article 6 (3) of the SEA directive which deals with consultation specifically says that "Member States shall designate the authorities to be consulted...

Joint Oireachtas Committee on Housing, Planning and Local Government: Defective Blocks Scheme: Discussion (27 Feb 2024)

Cian O'Callaghan: I thank all the witnesses for the very strong contributions they made. I ask Dr. Cleary to expand on the call for a public inquiry.

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

Cian O'Callaghan: We had paused because we were going to get a note on section 11 and we did not proceed with moving it or voting on it. We received the note on section 11, so can I comment on the note on section 11 because that is the reason we paused?

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

Cian O'Callaghan: I am not looking to go back to the amendment as such, I am just looking to discuss section 11. We are on section 11 and if we do not discuss section 11 while we are on it, there will not be an opportunity to do so.

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

Cian O'Callaghan: I move amendment No. 101: In page 51, to delete lines 28 to 30 and substitute the following: “(2) A relevant declaration shall be admissible in evidence in any proceedings brought by a person, other than an enforcement authority, relating to the act, operation or change in use in respect of which the relevant declaration was made.”. Before we vote on the amendment, I...

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

Cian O'Callaghan: I move amendment No. 103: In page 51, line 28, to delete “not”.

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

Cian O'Callaghan: I thank the Department for the briefing note on this and other matters. In the context of section 11, if a developer gets a section 10 declaration for exempted development, under no circumstances at all, except what is provided here - namely, where they knowingly provided false information or withheld information and regardless of what new information could come to light at any stage and...

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

Cian O'Callaghan: What about a situation where new and particularly significant information comes to light that is neither false information provided by the first party nor information that had specifically been withheld?

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

Cian O'Callaghan: Why is that not provided for in the Bill? I appreciate that this may not happen often.

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

Cian O'Callaghan: If significant information that was not withheld by the first party or that was provided falsely by that party comes to light, why does the Bill prohibit its use in court by the enforcement authority? What is the rationale for doing that? I am not familiar with other provisions in other Bills like this which create this situation where, no matter what new information comes to light, an...

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

Cian O'Callaghan: I appreciate that.

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

Cian O'Callaghan: This seems to assume that the only source of information could be the first party. Surely there are other potential sources of information. Often, the main source of information may indeed be the first party. I totally accept that. Surely in some circumstances there could be relevant information. Even if there are no third party rights, it could still be relevant information to the...

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