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Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: Amendment No. 25 is slightly different and might be taken separately but I am happy to speak to them together.

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: That is fine.

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: I will address them and I might have to go back and forth a few times.

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: I move amendment No. 22: In page 7, between lines 3 and 4, to insert the following: “(ia) include an assessment of the potential impact of an extension on the local authorities achievement of obligations as a relevant body in respect of the public duty on equality and human rights and the United Nations Convention on the Rights of Persons with a Disability,”. Amendments...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: I thank the Minister of State for his answer. I will probably introduce a one-line Bill but I would be quite happy if the Government included it in some other Bill. I note that there is precedent. The period of time was previously extended by a similar one-line provision in a miscellaneous Bill a few years ago so it is a simple matter that would give us the space to do this kind of mapping...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: Yes.

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: I move amendment No. 23: In page 7, between lines 3 and 4, to insert the following: "(ia) include an assessment of the potential impact of an extension on matters identified under section 10(2)(n),".

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: I move amendment No. 24: In page 7, between lines 3 and 4, to insert the following: “(ia) include an assessment of the potential impact of an extension on matters identified under section 10(2)(n) to (o),”. I will withdraw amendments Nos. 24 and 25 in light of the Minister of State's indicated engagement.

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: I move amendment No. 25: In page 7, between lines 3 and 4, to insert the following: “(ia) include an assessment of the potential impact of an extension on matters identified under section 10(2)(o),”.

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: Could I just clarify whether amendment No. 28 is included in the grouping?

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: I move amendment No. 26: In page 7, between lines 3 and 4, to insert the following: “(ia) include observations made by the Office of the Planning Regulator,”. Amendment No. 26 suggests that the chief executive's report that is given to local authority members before they determine whether to provide an extension to the period of a development plan would include...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: We need to be very clear. I hope this will be addressed in the Dáil. Subsection (6) does not set out the matters which the local authority members may consider; it sets out the matters to which they "shall be restricted to considering". That is the language. I am not looking to take anything away; I am looking to widen the power of the local authority members over the matters they...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: With respect, I understand that the Minister of State does not want to move towards or bring in other issues, but that is not what the restriction is. The restriction here still excludes; it excludes anything else that happens. Perhaps the fact that section 11D has been removed from section 9A means that section 11D is not here. It does not include the other subsections of section 11D....

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: I move amendment No. 28: In page 7, lines 10 and 11, to delete “shall be restricted to considering” and substitute “shall consider”.

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: I move amendment No. 30: In page 7, between lines 20 and 21, to insert the following: “(c) observations and submissions made under subsection (4),”.

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: I move amendment No. 31: In page 7, between lines 20 and 21, to insert the following: “(c) the report of the chief executive as published under subsection (5).”.

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: Perhaps the Minister of State might give clarification as to the language regarding other plans or projects. Amendment No. 33 addresses, to some extent, one of our concerns, that is, that this must be considered in combination with other plans. However, we are seeking for the assessment to not only consider the impact of the extension of the plan in respect of land use but also how it may...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: I am concerned by the proposed section 11D(8) because it contains somewhat of an anomaly. We discussed sections 11D(2)(a) and 11D(2)(b). The former provides for a screening to see if an appropriate assessment or strategic environmental assessment is required while the latter sets out that the assessments are to be carried out and published. My concern relates to the language in the...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: I move amendment No. 36: In page 7, line 27, after “out” to insert “a strategic environmental assessment and”.

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Alice-Mary Higgins: This is a question of variations and the scenario where an issue has arisen. It may be the view of the local authority and its members that to a very large degree they are very happy to have an extension of the current plan pending the full creation of a new plan. However, a specific area of concern may have arisen from the appropriate assessment, the strategic environmental assessment or...

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