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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Yes. However, in other areas of plan-making, such as for the national planning framework, it is not included. That is my point. I am not complaining. I am highlighting an anomaly in a Bill that is meant to be about consistency. There is nothing stopping a Minister, in the context of the national planning framework, from including children and groups representing children. I am...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: On subsections (6) and (9), I assume the answer to my question is the same as for a previous point. There is a six-week turnaround time and a nine-week turnaround time provided for under subsection (6)(c). Were those timelines decided on following consultation with the local government sector?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: I have two more questions. I promise to be quick. Section 72(11) states: The members of the planning authority shall consider a report of the chief executive prepared under subsection (9) and the urban area plan or priority area plan, as the case may be, shall be deemed to be made in accordance with the recommendations set out in the report of the chief executive 6 weeks after the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: My question is slightly different from the one the Minister of State is answering. As the Cathaoirleach noted, these provisions are in the existing legislation. It almost seems like this provision is there to prevent the elected members from delaying the passage of the plan by not convening a meeting, not turning up at a meeting or not having a quorum. The members have to come to the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Is that the reason the provision is there?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Okay. My final question is on section 72(22). Again, this may be an existing provision of the Act or it may be new. I am not sure. The subsection states: A resolution referred to in subsection (11) or (20) shall require to be passed by not less than half of the members of the planning authority and the requirements of this subsection are in addition to, and not in substitution for, any...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Yes. There is a requirement for 50% of the members of the planning authority, that is, 50% of the members of the council, to approve a plan that might only be relevant to a geographical portion of the council.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: That might answer my question. It is almost like a check that the full council gets to decide in order that the members of one particular area cannot lose the run of themselves and go off a spending spree. In essence, that is why it is there.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: With apologies to the Cathaoirleach, I have one further question.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: It relates to section 72(27). Again, this could just be a catch-all provision. The subsection states: The Minister may by regulations make further provision about— (a) the preparation of, the making of and the amendment of urban area plans and priority area plans, and (b) related matters. Is this just to catch stuff that might not otherwise be covered?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: I move amendment No. 555: In page 166, line 17, after “area,” to insert “or Gaeltacht Service Town within a Gaeltacht area”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: I move amendment No. 556: In page 166, line 17, after “Gaeltachta,” to insert “Oifig an Choimisinéara Teanga, and any relevant Language Planning Officer,”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: I move amendment No. 557: In page 166, between lines 17 and 18, to insert the following: “(viii) where the settlement or part of the settlement to which the proposed plan relates includes a Gaeltacht Service Town outside the Gaeltacht or an Irish Language Network, Foras na Gaeilge, Oifig an Choimisinéara Teanga, and any relevant Language Planning Officer,”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: I move amendment No. 560: In page 174, between lines 8 and 9, to insert the following: “(VI) any language plans agreed in accordance with the Gaeltacht Act 2012 relevant to a Gaeltacht Language Planning Area, Gaeltacht Service Town or Irish Language Network which applies to the settlement or the part of a settlement concerned,”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: I move amendment No. 563: In page 175, between lines 2 and 3, to insert the following: “(h) any language plans agreed in accordance with the Gaeltacht Act 2012 relevant to a Gaeltacht Language Planning Area, Gaeltacht Service Town or Irish Language Network which applies to the settlement or the part of a settlement concerned,”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: I move amendment No. 566: In page 176, between lines 18 and 19, to insert the following: “(vi) any language plans agreed in accordance with the Gaeltacht Act 2012 relevant to a Gaeltacht Language Planning Area, Gaeltacht Service Town or Irish Language Network which applies to the settlement or the part of a settlement concerned,”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Section 75(4) states: Where the Office of the Planning Regulator, as part of an assessment under subsection (1) or (2), forms a preliminary view that the urban area plan, priority area plan or coordinated area plan concerned or any part or provision thereof should be suspended because it may be materially inconsistent with one or more of the items referred to in subparagraphs (i) to (v) of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: I have a couple of observations. Part of the problem is that it is based on a preliminary view that something may be inconsistent, and not that it is inconsistent. The regulator could, on further reflection, take a different view and lift the suspension. It seems too easy a trigger for suspension. Should there not at least be some check or threshold that would have to be met? Second, the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: If subsection (4) were to state "on conclusion of the assessment as set out in subsection (3)", that would be one thing. However, the regulator does not have to wait until he or she has concluded an assessment and has considered all those-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: My point is different. Section 75(4) contains the phrase "Where the Office of the Planning Regulator, as part of an assessment". That is not on the conclusion of or after the assessment. Where the planning regulator and its hardworking staff are going through their assessment of the plan as per subsection (3), subsection (4) can kick in at any stage. At an early stage of the assessment,...

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