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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: I appreciate that is not the intention.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: What time are we-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: We are concerned about the decision to extend the duration of a development plan without public participation. Is that not a necessary part of such a process for compliance with our Aarhus obligations? What is the Minister of State's view about why that is not necessary, how is this Aarhus-compliant and why is there not a need for public participation as part of the process? That is what...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: We have no clarity or commitment that there will be change in the building control legislation, even though the Minister did signal at the start that it is an area that may need to be looked at. We have no commitment that there will be any review of Part M. We do have this wording in section 46(2)(a) which is similar to the wording in the existing legislation. The situation since 2000 has...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: I am conscious of the time.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: I have questions I want to come in on.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: They are on the topic Deputy Ó Broin was asking about.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: The Minister of State, Deputy O’Donnell, referenced section(4) in particular in the context of amendment No. 188. Section 66 states: Prior to making any order under subsection (3), the Minister shall comply with any applicable requirements of the Strategic Environmental Assessment Directive (and the Strategic Environmental Assessment Regulations) and the Habitats Directive ... The...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: Sure, and that is the explanation we have heard. They will need to comply with the SEA directive and with the habitats directive. That is what section 66(4) states. What happens when, for example, an SEA is not triggered and there is a still a requirement for public participation under the Aarhus Convention? What happens when it is not triggered and there is still a requirement for public...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: Yes. We will get that before we vote on amendment No. 188.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: Yes, it will. In that context, it would be useful to have the position clarified.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: To follow up that point, these amendments make absolute sense. The proposers have put forward a good case. These are not controversial amendments. The Minister of State has basically not stated any rationale against them. He seems, effectively, to accept the amendments, while not actually accepting them. I am at a loss as to why they are not being agreed to now, seeing as no case is...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: I agree this is an absolutely key amendment. I was actually quite shocked that the Bill talks about adaptation only and does not talk about mitigation. The idea that we would only be trying to adapt but would not actually be trying to stop, mitigate or reduce harmful emissions of greenhouse gases is shocking. Going to the root source of the problem should be a key objective in terms of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: I do not understand the response. I am not a Government Deputy but is it not the case that the Government is strongly supportive of measures to mitigate climate change and not just measures to adapt to it? Does that not run through Government policy and the programme for Government? Should it not run through this Bill? Is that not the case?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: What else is there to consider? It is absolutely fundamental, in terms of climate change, that we are not just doing adaptation measures but are doing mitigation measures as well. It is absolutely fundamental. There is no debate to be had on this. There is no debate to be had between Opposition Deputies and a Minister of State from the Green Party on this. I assume we are on the same...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: It is better to be explicit in legislation. This is my view.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: I have similar concerns about how the term "maritime area" is used in some parts of the Bill and "maritime site" elsewhere. For example, in amendment No. 32, "maritime site" is used rather than "maritime area". There seems to be an inconsistency in approach. Will the Minister of State clarify why "maritime area" is used in some areas of the Bill while "maritime site" is used in others?...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: The wording in the Bill reads " "development” means ... the carrying out of works ... on, in, over or under land, or ... in the maritime area". On exemptions, the Bill reads, " “unauthorised development” means, in relation to land [which is pretty much the same wording, although not as long] or a maritime site". In one part of the Bill that references development, it...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: What if there is unauthorised development in a maritime area and it is not considered a maritime site?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: Does it definitely? The Bill covers development everywhere, but when it references unauthorised development in maritime places, it only references maritime sites. Why should it not be maritime area? Why not that broader wording? Are we absolutely clear that unauthorised development, by virtue of being a development, means that it is a site and is, therefore, covered? Why not just use the...

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