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

Darragh O'Brien: I move amendment No. 169: In page 63, line 8, after “subject to” to insert the following: “a screening assessment and if necessary a strategic environmental assessment or an appropriate assessment, or both, as the case may be, in accordance with”. I will move amendments Nos. 169, 295, 300, 518, 524, 571 and 579. These amendments relate to strategic...

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

Darragh O'Brien: First and foremost, the change of language in amendment No. 169 is for absolute clarity’s sake. When an SEA on plans is mandatory, it is still a requirement to determine this through a formal screening process. This is related to the timeframe. In respect of the Deputy’s second question, it must be sent to the designated environmental authorities for their consideration for a...

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

Darragh O'Brien: Can the Deputy please repeat that?

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

Darragh O'Brien: No.

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

Darragh O'Brien: Exactly that.

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

Darragh O'Brien: No. It is not consequent to that. I will give a real-life example because the Deputy asked for it and it might be of assistance.

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

Darragh O'Brien: For example, if the OPR recommends a course of action to include or not include something in a plan direction and that was not previously subject to an AA or SEA, that would be a real-life example of when this provision would kick in.

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

Darragh O'Brien: No, absolutely not.

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

Darragh O'Brien: I move amendment No. 172: In page 63, to delete lines 24 to 27 and substitute the following: “(8) A failure to comply with subsections (2), (3) and (4) of section 20 and subsection (6) within the time period specified therein shall not of itself invalidate the National Planning Framework.”. These amendments relate to Part 3 of the Bill and the provisions relating to the...

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

Darragh O'Brien: Why?

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

Darragh O'Brien: Absolutely. If for some reason the timeframe could not be met in the preparation - that could be as a result of another pandemic, Covid or whatever - it would apply in that instance. It is the same provision that was in the 2000 Act, as the Deputy correctly said. It is simply saying that that cannot be the sole reason.

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

Darragh O'Brien: To answer the Deputy's second question, it could form part of a wider challenge to it with other reasons that would be put forward but not in itself only.

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

Darragh O'Brien: No.

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

Darragh O'Brien: It will not in any way, shape or form provide, let us say, that there will not be a challenge to shrink the public consultation period or anything like that.

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

Darragh O'Brien: Very simply, if, for whatever reason in the preparation of these detailed plans, there was a delay or, for argument's sake, an additional consultation with stakeholders was required, that could not be the sole reason to bring about a challenge. As I said, it could form part of an overall challenge. This allows for the co-ordination of timelines between different and related plans, for...

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

Darragh O'Brien: No.

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

Darragh O'Brien: Yes.

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