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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: To be brief, section 9(3) states: "Development shall not be exempted development for the purposes of this Act if an environmental impact assessment or an appropriate assessment of the development is required." That makes complete sense but I want to broaden that to include the following phrase, "or where the activity may have a significant impact on the environment”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: Yes, of course, do not rush. It is amendment No. 54.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: It is amendment No. 54. We are dealing with exempted developments. One of the categories that should not be deemed exempt is where the development requires an environmental impact assessment, EIA, or an appropriate assessment, AA. I support that. I am looking to broaden it to include an additional category where the activity may have a significant impact on the environment. My argument...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: We previously asked why there has not been a specific assessment for compliance with the Aarhus Convention. We understand from the officials that there was general legal advice on the Bill. I do not think it is correct for the Minister to be so definitive in saying that means it is compliant because if somebody challenges the Bill, it would ultimately be up to a judge to decide that. There...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: No, I said environmental infringements.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: I want to make a point and then I will ask a question about the Minister's amendment No. 50. As to who decides, it is the Minister who decides by way of regulation, as is often the case in these matters. In lots of planning legislation, including in this Bill, we have words like "exceptional" or "significant" and the purpose of those are then set out in regulations. I will not labour that...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: The amendment applies it to all of section 4.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: Perfect.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: Do you wish me to speak briefly to amendment No. 63?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: There is a difference between State bodies and prescribed-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: I was just making the point that State bodies and prescribed bodies are not the same. I am interested in seeing where in what the Minister has in front of him it sets out prescribed bodies other than State bodies.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: That is precisely the problem. The Minister may not do it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: There is a greater likelihood of something happening if it is in primary legislation rather than in a regulation or not legislated for at all. Therefore, having it is better than not having it. While I appreciate the Minister said he would consider this provision, he went on to say he did not believe it was necessary.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: Deputy McAuliffe's amendment speaks to a query I had. It is a question I will ask repeatedly. Will the Minister of State put on the record what is substantively different in this section from what was in the primary legislation in the 2000 Act? Deputy McAuliffe pre-empted the question by having a clear sense of it. Specifically, what is not provided for here that was provided for in the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: From my reading of section 9(1), there might be a period of time when the 2000 Act is repealed and the 2024 Act and this section of it are not enacted. This is a transitional mechanism to deal with that area, as in, things exempt under the 2000 Act will continue to be so until such time as the new Act comes into force. Are we sure there are not any lacunae that could lead to a development...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: That is the transitional mechanism.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: Does the Minister of State or his officials think it is needed?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: I move amendment No. 51: In page 40, line 29, after “planning,” to insert “and the use of Irish within the community, in the case of a development in a Gaeltacht area,”

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: I move amendment No. 53: In page 41, line 12, after “or” to insert “a language impact assessment or”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: I move amendment No. 55: In page 41, between lines 22 and 23, to insert the following: “(iii) the surrounding context of the structure.” Will the Chair give me a moment please? It might be worth reminding committee members what the time arrangements are, given our discussion.

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