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

Cian O'Callaghan: On amendment No. 54, the issue here is that the current wording in terms of EIA or appropriate assessment is fine but it does not cover all environmental issues. The amendment's wording would add "or where the activity may have a significant impact on the environment”. This would ensure compliance with the Aarhus Convention, Articles 6(1) and 6(1)b. With exempted development, the...

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

Cian O'Callaghan: It is fine for the Minister to say the Bill has been checked for compliance with the Aarhus Convention. I accept his statement on that, but I am asking-----

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

Cian O'Callaghan: I am just waiting for the Minister to finish, out of politeness.

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

Cian O'Callaghan: While I appreciate that the Bill overall has been looked at for compliance with the Aarhus Convention, there was not a specific assessment on that. I also appreciate that the Minister's view is that this is more than adequately covered. I asked specifically about areas where there could be a significant impact on the environment but an EIA or appropriate assessment is not required and...

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

Cian O'Callaghan: No. I will wait for the Minister’s response.

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

Cian O'Callaghan: Just to be clear, what we are seeking with amendment No. 63 is for the Minister to have to consult on the regulations. Without our amendment, the Minister would not have to do that, although he can do it. Is that the case? There is nothing stopping the Minister doing it, but in order for it to have to happen, our amendment is required. Is that correct?

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

Cian O'Callaghan: I have to agree with the Minister on that. It is why I was very careful when wording this amendment. I wrote, "Where the Minister proposes to make regulations under this section and considers that the proposed regulations are connected with or likely to relate to matters of interest to Prescribed Bodies, [this applies a curtailment to the requirement, so it is not wide open] the Minister...

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

Cian O'Callaghan: I refer specifically to compliance with Article 6.1 of the Aarhus Convention on public participation. Something can have a significant environmental impact and not require an EIA or appropriate assessment. It would not be covered if our amendment is not accepted by the Minister, and therefore it would not be compliant with the Aarhus Convention. It would be useful if the Minister could...

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

Cian O'Callaghan: Exempted development could, for example, apply to a farm building that may have significant run-off and that would not trigger an EIA or have an impact on a Natura 2000 or European site. It could cause significant pollution to local water courses. It could result in a lot of fish and other aquatic life being killed in the local water courses. That could have impacts on breeding and resting...

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

Cian O'Callaghan: I move amendment No. 54: In page 41, line 13, after “required” to insert the following: “or where the activity may have a significant impact on the environment”.

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

Cian O'Callaghan: There is an issue of notice here. I have made specific arrangements from 4 p.m. to 6 p.m. because we discussed this yesterday and agreed the times yesterday. We had some flexibility around next week and all of the rest but I specifically made arrangements for between 4 p.m. and 6 p.m. today based on what was agreed yesterday. I would not have made them if I had understood there was to be...

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

Cian O'Callaghan: I only did this because of what we agreed yesterday.

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

Cian O'Callaghan: I have specific commitments from 4 p.m. to 6 p.m.

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

Cian O'Callaghan: Yes, for the whole two hours.

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

Cian O'Callaghan: Is it coming early?

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

Cian O'Callaghan: My reading of the amendment is that it is not arguing against development or suggesting that an area should be sterile or anything of the sort. It is just that development in these more sensitive areas would have to go through the planning process as is standard and would not be exempted development. There is a legitimate case for this. When dealing with the archaeological heritage Bill we...

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

Cian O'Callaghan: Yes.

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

Cian O'Callaghan: Amendment No. 597 is Deputy Matthews's.

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

Cian O'Callaghan: It is the voting block.

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

Cian O'Callaghan: I will come in on amendment No. 604.

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