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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I have not spoken about amendment No. 762. It amends section 144 by adding the Minister for the Environment, Climate and Communications to the list of Ministers. Does the Deputy want to speak about it?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: As the Deputy has outlined, this relates to the security and defence of the State, our relations with other states, and public health, as can be seen on the top of page 285, in paragraphs (i), (ii) and (iii). The circumstances for revocation or modification must be very clearly defined. First, it is with the approval of the Government. A request from the Department of Justice would concern...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: To be helpful, I think amendment No. 764 is the next one that has not been dealt with. I have the list here. Amendment No. 764 is next, and then amendments Nos. 767 and 768. Amendment No. 764 seeks to insert "safety, and infrastructure" after "facilities".

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Will the Deputy give me an example?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Separation like that for a cycleway would come in under the road safety audit. It would come under the Road Traffic Act and the design of the scheme would be published by a local authority. It would fall under what the Deputy is saying.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: The facility may be a bike shed, although I do not think it would be.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Absolutely.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Yes. That would be a new application.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I understand where the Deputy is coming from. He may want to introduce the amendment and then we can hear from Deputy Boyd Barrett and I will respond.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I thank both Deputies for the amendments. I can see some merit but we would have to balance this. If we recall our discussion a number of weeks ago on the role of councillors and decisions that are made, a design could go out in draft form, as it does, and if public submissions are then received, the Part 8 can, and in many instances is, amended on the basis of those public submissions....

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Does anyone else wish to comment before I respond further?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: It is only a handful.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I think it has been a decent discussion.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I take on board the views there. Let us use the example of the housing development, given by Deputy O'Callaghan, where because of public consultation and the councillors' interaction, a playground is added. If we made this amendment, and I do not want to be dumbing down on it, that would mean even what is deemed a positive change goes back out to another Part 8. We are going back again...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Not that it never ends, just that it lengthens the process and diminishes-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I will certainly reflect on the discussions we have had. The Deputy will see where the downsides are. In the main, they are with the process. I would again guard against legislating for exceptions and exceptional circumstances in a way that could have other consequences. As Deputy Ó Broin said, this relates to a small minority of cases. I would say a tiny number of Part 8 housing...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I have seen ones that were going to be brought forward and, on the basis of advance consultation, modifications were made to designs and things like that. It is extremely rare. I have been involved in elected politics since 2004 and, in my experience, I have certainly never seen a draft Part 8 proposal being brought in by officials without anyone having had sight of it. I take the point....

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