Results 3,801-3,820 of 19,173 for speaker:Shane Ross

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Shane Ross: I move amendment No. 134: In page 37, between lines 37 and 38, to insert the following: “ ‘related report (subsection (4)(b))’ means the report (if any) prepared by the Board pursuant to subsection (4)(b); ‘related report (subsection (7)(a))’ means the report prepared by the Board pursuant to subsection (7)(a);”.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Shane Ross: I move amendment No. 135: In page 38, to delete lines 1 to 27 and substitute the following: “Supplementary provisions relating to decisions on applications referred to in section 34B(1) or 34C(1) 37S. (1) (a) This section applies in addition to section 37 in the case of an appeal under section 37 against a decision of the planning authority under section 34 where—...

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Shane Ross: I will reread the final paragraph.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Shane Ross: Where the planning decision is subsequently appealed, this amendment provides for the board, in considering the appeal, to have the power to undertake the balanced approach process itself where it believes there will be a significant impact to the noise climate around the airport, contrary to the views of the noise regulator. The board will have all of the normal powers of the noise...

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Shane Ross: I move amendment No. 136: In page 39, to delete lines 21 to 23 and substitute the following: “ “20C. The proposed development would cause a serious aircraft noise problem at Dublin Airport including, as appropriate, the area around Dublin Airport significantly affected by aircraft noise.”.”. This amendment is making it clear that, should a...

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Shane Ross: Yes. If a development is refused on the grounds of noise, it is non-compensatable.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Shane Ross: Yes, that is the basis of the amendment.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Shane Ross: I move amendment No. 137: In page 39, to delete lines 27 and 28 and substitute the following: “ “17A. Any conditions relating to measures for the regulation of aircraft noise at Dublin Airport including, as appropriate, the area around Dublin Airport significantly affected by aircraft noise.”.”. This amendment makes it clear that any...

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Shane Ross: My officials met Deputy Darragh O'Brien earlier today on this issue and they were impressed. When they presented me with the arguments the Deputy had presented them with, I felt that they had some merit. There are obviously one or two difficulties in the way this is framed but there is an opportunity for a discussion between now and Report Stage which will accommodate what Deputies Darragh...

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Shane Ross: I am not inclined to accept the amendment for a number of reasons. The Deputy said there would be a delay in the High Court. Under a provision we will discuss later, the High Court can expedite proceedings in such cases where it considers it necessary or important to do so. I do not anticipate circumstances in which the DAA would defy an enforcement order. It would be extraordinary if...

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Shane Ross: I want to respond in a positive way. I am not prepared to accept the amendment today but I am prepared to discuss it between now and Report Stage to see if anything can be done.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Shane Ross: Okay.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Shane Ross: This is a standard provision. It provides for the ability of a recipient of an enforcement notice received under section 22 to apply to the High Court to have the direction of the competent authority cancelled. Given the noise regulator has the power under section 22 to make an application to the High Court for an order requiring a person to comply with an enforcement notice, it is only fair...

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Shane Ross: This is for enforcement only. It is so all parties are treated equally when enforcement only is involved. That is the answer to the Deputy's question.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Shane Ross: This is being directed mainly at the big players but, at the end of the day, all parties are being treated equally under this section.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Shane Ross: Excuse me for interrupting. We have legal advice that this has to be approached in this way and that it is legally consistent and necessary.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Shane Ross: Yes.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Shane Ross: It is in the interests of consistency and it is the legal advice that it is consistent.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Shane Ross: This section provides clarity but it does not mention any specific planning permission, as the Deputy knows.

Select Committee on Transport, Tourism and Sport: Aircraft Noise (Dublin Airport) Regulation Bill 2018: Committee Stage (Resumed) (23 Jan 2019)

Shane Ross: Nowhere does it indicate that. It is a general rule. It provides clarity that existing noise mitigation measures, whether in effect or not, will be considered noise mitigation measures for the purpose of this Bill. It is pretty clear that any of the past ones are considered, for the purpose of this Bill, to be present ones. This includes noise mitigation measures attached as conditions to...