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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Eoin Ó Broin: I presume the answer to the question of who decides is the Minister on foot of advice from the AG and-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Eoin Ó Broin: I know the practice with AGs is that they do not necessarily give the Government one opinion, but a range of opinions.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Eoin Ó Broin: Advise and the Minister decides.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Eoin Ó Broin: That was the answer I feared. Separate to the questions I asked, the provision reads: “it is not likely to have significant effects on the environment or on any European site.” One of the problems with this is that it is a little like making a decision on a planning application. Under the current rules, the decision is made based on the application on its own. We do not...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Eoin Ó Broin: Yes. It reads: "For the purposes of subsection (9), a modification shall be deemed to be minor where it does not substantively or materially alter the draft National Planning Statement." This is broadly in line with the wording in the section.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Eoin Ó Broin: It continues: Notwithstanding subsection (10), where a modification is likely to have a significant effect on the environment, or is likely to have a significant effect on any European site either individually or in combination with other plans or projects, the modification shall not be deemed to be minor. Sometimes, impacts are cumulative and relate to adjacent sites, projects or plans....

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Eoin Ó Broin: It is "shall not be deemed to be minor".

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Eoin Ó Broin: It is exactly as it says. It is either a combination of sites or sites that abut or interact with other plans or projects.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Eoin Ó Broin: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Eoin Ó Broin: If it is not clear, what I am trying to capture are cumulative impacts.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Eoin Ó Broin: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Eoin Ó Broin: Let us deal with these amendments first and we can deal with the other amendment afterwards. I am happy to see the language, as it was originally set out in the Bill, changed. It was one of the things I had queried because the provision seemed too broad and, as the Minister said, could be interpreted more widely than was the original intention. However, I am still a little concerned...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Eoin Ó Broin: Yes, but wider.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Eoin Ó Broin: There is a second part of my question. I presume this is to protect the plans from legal challenge where there is a very legitimate reason the timelines might not have been met, as the Minister said. That is the function of this.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Eoin Ó Broin: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Eoin Ó Broin: I move amendment No. 178: In page 64, lines 12 and 13, to delete “ “National Planning Policies and Measures” ” and substitute “ “Beartais Pleanála Náisiúnta” ”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Eoin Ó Broin: That is a disappointing response because the inclusion of the word "historic" is important. Section 24(1)(i) relates to the protection of landscapes and features of natural, archaeological, architectural and cultural heritage. However, there could be things that are historically important that do not fit in those other four terms. What we are trying to do is to slightly broaden it not...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Eoin Ó Broin: I ask the Minister of State to bear with me because we have plenty of time to do this. I do not see, given the size and scale of a national planning policy statement or a mandatory ministerial guideline, how one could comply with EIA, SEA or AA requirements under EU law or Aarhus requirements for public participation. I cannot see any set of circumstances where, given the significance of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Eoin Ó Broin: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (7 Mar 2024)

Eoin Ó Broin: To be helpful, amendments Nos. 217 to 219, inclusive, are related to an earlier amendment.

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