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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: Give me a second.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: It is grouping 12. On which amendment is the Deputy speaking?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: I thank the Deputies for the amendment. Throughout the Bill everything has been checked to ensure Aarhus Convention compliance. That is a general point. The idea that it is not is incorrect. In regard to the proposed amendment No. 54, there is a definition here that states a development is not exempt where the activity may have a significant impact on the environment. What is...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: I thank the Deputy very much. I appreciate that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: I genuinely do not question the reasons members table amendments or their bona fides in doing so. That is why we are here on Committee Stage. It is important to note that there are no current planning infringements.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: I just want to make the point that there are no cases in that regard. To go back to the amendment, Deputy Ó Broin referred to the definition of "significant". That is not a criticism but a genuine point. I assure the Deputy that the Government's legal advice all the way through this Bill and in everything we did – it was not just a catch-all point but a fact that needs to be...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: As discussed previously, exempted development will be set out in regulation, as it is anyway. Could the Deputy provide an example? In what scenario would he see that happening in terms of what he has put forward there?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: We will have categories of exemptions within the regulations. They would be adequately covered there. They are adequately covered also in the principal legislation. I note the point Deputy O'Callaghan has made. I will seek further advice rather than clarification on the potential scenario he raises. We are not in a position to accept the amendment as it currently stands. Similar to...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: It is a minor amendment to a reference in section 9. Currently, the Bill refers to making exemptions for developments that would, but for the repeal of section 4(1) of the 2000 Act, be exempted developments within the meaning of that Act. Limiting this provision to subsection (1) was incorrect, as development was exempted throughout section 4 of the Act.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: Exactly.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: Deputy Ó Broin is correct in that I will not be accepting the amendment. The Bill already provides for consultation with State authorities. I do not know whether the Minister of State, Deputy Noonan, dealt with amendments Nos. 58 and 59, but I wish to consider them further. They would provide for consultation with statutory undertakers. Has the committee reached those amendments?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: The Bill already provides for consultation with State authorities. I was not here for that part of the debate, but the Minister of State indicated he would consider the subject matter of amendments Nos. 58 and 59 further. Both read "after “authority” to insert “or statutory undertaker” ". We will consider this in consultation with others when preparing the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: I would not have to consult, but we will consider whether further strengthening of this provision is required. Requiring that the prescribed bodies be consulted on every element in every single instance may well be far too onerous, so I will not accept the amendment.

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