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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Eoin Ó Broin: Was that example on page 557?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Eoin Ó Broin: The Minister has asked for an example and I will give him one this committee is currently dealing with. There was huge concern from people who use the River Shannon and our canals with the public consultation. In fairness, it was the Minister's own colleague, Deputy Flaherty, and this committee, who created a political focus on it and played some part in forcing Waterways Ireland, albeit in...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Eoin Ó Broin: Yes, we can take the two together.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Eoin Ó Broin: Yes, these amendments are very straightforward and I am probably more interested in hearing the Minister's response. Amendment No. 419 relates to section 49 of the Bill under the heading "obligation to prepare objectives for management of areas, uses and structures." If we look down to section 49(2)(g), it talks about "preserving a specific public right of way, including a public right of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Eoin Ó Broin: I welcome the fact that the Minister is willing to look at adding "monument", keeping in mind that this subsection relates to the preserving of specific public rights of way. It is not about opening up new ones but about ones that exist already.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Eoin Ó Broin: The Minister can think of all sorts of historic and archaeological monuments so I would welcome his Report Stage amendments on that if they come forward. I do not understand the refusal of amendment No. 429, notwithstanding the Report Stage amendments the Minister has spoken about previously. I can see no reason "linguistic" should not go in here, and in fact, it would probably complement...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Eoin Ó Broin: It could be Ogham, Anglo-Norse, or anything that is of linguistic and historic significance.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Eoin Ó Broin: That is deliberately done so it is not overly prescriptive.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Eoin Ó Broin: On that, and I will come to this in more detail when we deal with the section, my understanding is that under the current Act there is an obligation for the local authority in the development plan to list those rights of way so that they are clearly identified. That goes in the legislation. While they may do it, there is a significant change in the Minister's Bill that weakens the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Eoin Ó Broin: I have two questions. Is this a new provision or is this just a transposition of the existing-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Eoin Ó Broin: Is it a new or an existing provision? Could the Minister set out the purpose of this section?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Eoin Ó Broin: What is the function of this section?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Eoin Ó Broin: The minister talked about a case. For example, it could be a planning enforcement case or a judicial review which pertains to the plan in question.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Eoin Ó Broin: It is just carried over.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Eoin Ó Broin: Perfect.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Eoin Ó Broin: I have the same two questions. Is it new or is it a transposition? What is its function?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Eoin Ó Broin: Why is there a specific provision providing for the Minister to be able to make regulations with respect to this when we have already dealt with sections where there are general provisions to make regulations with respect to any aspect of the Act. Is this requirement under EU law?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Eoin Ó Broin: I move amendment No. 128: In page 60, lines 21 and 22, to delete “National Planning Framework” and substitute “Creatlach Pleanála Náisiúnta”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Eoin Ó Broin: I move amendment No. 130: In page 60, to delete lines 27 to 29 and substitute the following: "(a) securing sustainable national and regional development strategies; (b) maximising the potential of the regions, while supporting proper planning and sustainable development in urban and rural areas;". As the Minister knows this relates to section 19 and the national planning framework. I...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Eoin Ó Broin: From his answer it appears the Minister misunderstands the proposition.

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