Results 2,381-2,400 of 6,937 for speaker:Cian O'Callaghan

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

Cian O'Callaghan: That is extremely unsatisfactory.

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

Cian O'Callaghan: Just so I am absolutely clear on this, does the definition of retention permission include substitute consent?

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

Cian O'Callaghan: Does this wording, the definition of retention permission, which is the language being put in the Bill, include substitute consent or is substitute consent not included in this definition of retention permission? This is going back to what Deputy Ó Broin spoke about regarding substitute consent. Does the definition of retention permission include substitute consent or does it exclude...

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

Cian O'Callaghan: For clarity, "retrospective consent" is what we know as "substitute consent" under the 2000 Act.

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

Cian O'Callaghan: Ministerial amendment No. 26, on retrospective consent, states this "means retention permission for development in respect of which an appropriate assessment or an environmental impact assessment is required". There can also be regularisation of development in breach of EU law that goes further than an EIA failure or appropriate assessment, so this proposed amendment does not cover...

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

Cian O'Callaghan: Okay, but if it is being said that "retrospective consent" does cover all that, how come it does not say that here in the definition? It just refers to "development in respect of which an appropriate assessment or an environmental impact assessment is required". It does not say "and other potential breaches of EU law".

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

Cian O'Callaghan: I do not have an example to hand.

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

Cian O'Callaghan: Yes, to EU law.

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

Cian O'Callaghan: Under ministerial amendment No. 26, retrospective consent is defined as “retention permission for development in respect of which an appropriate assessment or an environmental impact assessment is required”. As I was saying, there could be a retention permission for a development in broader areas in breach of EU law, such as the water framework directive. The Minister of State...

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

Cian O'Callaghan: Will the Minister of State give me a longer answer than that? What does it mean that the water framework directive is being dealt with separately? In what sense is it separate? Is it separate to the Government’s definition in amendment No. 26 or where is it being dealt with separately?

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

Cian O'Callaghan: Does it deal with them only?

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

Cian O'Callaghan: It does not deal with a breach of, say, the water framework directive.

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

Cian O'Callaghan: It is, therefore, exactly as written. It does not cover other breaches of EU law or whatever.

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

Cian O'Callaghan: In that case, that is not different from what we understand to be substitute consent under the 2000 Act.

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

Cian O'Callaghan: There were wider breaches than just those relating to EIAs and AAs, were there not?

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

Cian O'Callaghan: Nothing else, therefore, will fall under retrospective consent.

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

Cian O'Callaghan: The answer I got there was a complete change to that which I got earlier, when it was said the definition did include more. The issue I was raising related to the fact the definition of substitute consent has been completely insufficient, so I would have thought the Bill was a chance to update that and to cover other breaches of EU law and directives. Clearly, however, from what has been...

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

Cian O'Callaghan: Okay, so that is being looked at separately altogether-----

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

Cian O'Callaghan: -----with different legislation altogether, potentially.

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

Cian O'Callaghan: I thank the Minister of State.