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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Alan Dillon: Amendments Nos. 948, 949, 951 and 952 are of a technical and drafting nature and seek to bring clarity to sections 248 and 249 of the Bill, which empower planning authorities to enter private lands or maritime sites to lay cables, wires, ducts and pipelines and associated apparatus and set out procedures for confirming such power with the commission where the owner or occupier withholds...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Alan Dillon: Amendments Nos. 933 to 935, inclusive, seek to add a procedure for a new type of designation, “a site locally important for ecology order”. There are already significant environmental designations which are available and currently widely used. The introduction of such a new designation would add further complexity to the planning system. There is sufficient provision within...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Alan Dillon: Section 48, on page 107, provides that as part of a development plan, a local authority "shall prepare a strategy for the conservation ... of the natural and built heritage". That includes landscapes, places of natural beauty and areas of natural heritage. It is covered within section 48. There are sufficient provisions in the current planning system to suitably protect the environment and...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Alan Dillon: Yes, it does.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Alan Dillon: Amendments Nos. 936 to 939, inclusive, propose to amend the TPO provision in section 205 of the Bill to provide that a TPO can be made by resolution of the members in addition to being capable of being made by the planning authority; that a TPO "shall" be made rather than "may" be made where it appears necessary; that a person can apply to the planning authority seeking a TPO to be amended or...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Alan Dillon: We will look at that and bring forward a response.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Alan Dillon: I move amendment No. 926: In page 422, between lines 28 and 29, to insert the following: “(4) In any proceedings for an offence under subsection (3), it shall be a defence for the defendant to prove, on the balance of probabilities, that the defendant took all reasonable steps to comply, or secure compliance by the other person, with the notice.”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Alan Dillon: I move amendment No. 928: In page 426, line 7, to delete “it has in” and substitute “assigned to it by”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Alan Dillon: I move amendment No. 929: In page 426, between lines 34 and 35, to insert the following: “Continued application of section 180 of Act of 2000 for certain purposes 240. Section 180 of the Act of 2000 shall, notwithstanding its repeal by section 6, continue to apply and have effect on and after that repeal in relation to any request under the said section 180 made before that...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Alan Dillon: I move amendment No. 932: In page 432, between lines 11 and 12, to insert the following: “(12) (a) An order under section 202 of the Act of 2000 made (but not confirmed under section 203 of that Act) before the repeal of that section by section 6 shall be deemed to be an order made but not confirmed under this section. (b) An order under section 202 of the Act of 2000 that,...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Alan Dillon: I move amendment No. 942: In page 436, between lines 2 and 3, to insert the following: “Orders and notices under section 205 of Act of 2000 247. (1) An order under section 205 of the Act of 2000 in force immediately before the repeal of that section by section 6 shall— (a) continue in force and have effect on and after such repeal, and (b) be deemed to be an order...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Alan Dillon: I move amendment No. 943: In page 436, between lines 2 and 3, to insert the following: “Agreements under section 206 of Act of 2000 248. Section 206 of the Act of 2000 shall, in relation to an agreement under that section made before the repeal of that section by section 6, continue to have effect on and after such repeal.”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Alan Dillon: I move amendment No. 944: In page 436, between lines 2 and 3, to insert the following: “Orders, notices and appeals under section 207 of Act of 2000 249. (1) An order under section 207 of the Act of 2000 in force immediately before the repeal of that section by section 6 shall— (a) continue in force and have effect on and after such repeal, and (b) be deemed to be an...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Alan Dillon: I move amendment No. 947: In page 436, between lines 20 and 21, to insert the following: “(4) Section 209 of the Act of 2000 shall, in relation to a notice served under that section before the repeal of that section by section 6, continue to have effect on and after such repeal.”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Alan Dillon: I move amendment No. 948: In page 436, line 22, after “subsection (12)” to insert “and Part 4”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Alan Dillon: I move amendment No. 949: In page 438, to delete lines 16 and 17.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Alan Dillon: I move amendment No. 950: In page 438, between lines 25 and 26, to insert the following: “(13) A consent referred to in section 182 of the Act of 2000 given, before the repeal of that section by section 6, by the owner or the owner and occupier, as the case may be, of land shall be deemed to be a consent under subsection (4) given by that owner or that owner and...

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