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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: The fact that it is exempted development does not exempt it from any of those obligations. They still apply to it.

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

Cian O'Callaghan: Amendment No. 188, a ministerial amendment, states, “Any guidelines under section 52 of the Act of 2000 in force immediately before the repeal of that section by section 6, shall continue in force until the first issuing of a National Planning Statement after the passing of this Act.” There will be no issue, therefore, with them staying in force. Once the national planning...

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

Cian O'Callaghan: Is that guaranteed legislatively?

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

Cian O'Callaghan: What do the section 52 guidelines relate to?

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

Cian O'Callaghan: That is not at all how I read amendment No. 188. It refers to the “first issuing” of a national planning statement. If, therefore, a national planning statement does not include protections for built heritage, they will just cease, under this legislation. Is that correct?

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

Cian O'Callaghan: My core point relates to what the implications of this could be-----

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

Cian O'Callaghan: The guidelines will be gone once the national planning statement is issued. Could that mean, in the context of the protection of built heritage, that there will be a weakening?

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 might clarify why that cannot be the case.

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

Cian O'Callaghan: That is not what the amendment says.

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

Cian O'Callaghan: That is one of the points I raised. The amendment would suggest otherwise.

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.

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