Results 621-640 of 4,715 for speaker:Malcolm Noonan

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

Malcolm Noonan: I move amendment No. 721: In page 265, to delete lines 1 and 2. These amendments relate to Part 6 of the Bill, which provides for environmental assessments, and are designed to make the Part more readable. Amendments Nos. 721 and 722 are minor amendments that separate out the subsection that notes that Part 6 applies to extensions or alterations of permissions into its own section. ...

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

Malcolm Noonan: Regarding appropriate assessment and environmental impact assessment, it was to put that amendment into a section of its own to give clarity to that.

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

Malcolm Noonan: Under Part 6, you have to screen for appropriate assessment obviously so this process is the means by which it moves forward whether there is appropriate assessment required or not.

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

Malcolm Noonan: Part 6 of the Bill, to which the Deputy is referring, pertains to strictly protected species. Part 6 deals with protected habitats. This is covered under the birds and habitats Regulations.

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

Malcolm Noonan: Regulation 27 of the birds and habitats directive requires that all public bodies would implement the habitats directive, including Annex IV, which lists the species the Deputy is talking about.

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

Malcolm Noonan: The point is that since it is in the habitats regulations, if we were to duplicate it here, there would be duplication. All public bodies will have to adhere to the habitats regulations in any case. Therefore the protections that are provided for through the habitats regulations do not need to be replicated here.

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

Malcolm Noonan: Yes.

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

Malcolm Noonan: There is a new clause there in terms of separation of functions. My officials and I will look for that now and will respond to the Deputy in a moment. If we go to page 355, section 193(10)(c) provides: The officers or members of staff of the local authority or State authority carrying out a screening for appropriate assessment of the development under this section shall not, in relation...

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

Malcolm Noonan: Exactly, yes.

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

Malcolm Noonan: Section 184, on the Natura impact report, on page 339----

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

Malcolm Noonan: Section 184(2)(c) of the Bill, on page 339, provides that a Natura impact report shall "identify all potential significant effects of the proposed plan on a European site,whether such effects arise from the plan itself or the plan in combination with any project or other plan".

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

Malcolm Noonan: Section 184(2)(b)(i) states, “all of the habitat types and species for which the relevant European site is designated”, so that encompasses all the annex habitats and species for which the site has been designated. I know the Deputy -----

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

Malcolm Noonan: No.

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

Malcolm Noonan: Yes.

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

Malcolm Noonan: Yes.

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

Malcolm Noonan: Exactly, yes.

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

Malcolm Noonan: In these situations if, after going through appropriate assessment, there is going to be damage to EU sites, they will have to go through three tests. The first is that there are no less damaging alternatives and the second is the reasons of overriding public interest. The third is the compensatory measures that are trying to strike a balance between economic development and environmental...

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

Malcolm Noonan: Yes.

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

Malcolm Noonan: They are, yes.

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

Malcolm Noonan: On the projects, they can be for social and economic reasons. In practice, across Europe, very few countries go down the imperative reasons of overriding public interest, IROPI, route. They still have to go through this three-step process. In the case of renewable energy projects, the Deputy mentioned the maritime protected areas, MPAs, and the MPA legislation. The idea behind them is a...