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Seanad: Planning and Development Bill 2023: Report Stage (24 Sep 2024)

Alice-Mary Higgins: My point of order is that I do not want the House to be misled on the compliance. It has been established that it is not compliant with the Aarhus Convention. The Minister of State has just said again-----

Seanad: Planning and Development Bill 2023: Report Stage (24 Sep 2024)

Alice-Mary Higgins: We have already had a statement-----

Seanad: Planning and Development Bill 2023: Report Stage (24 Sep 2024)

Alice-Mary Higgins: I have read the legal notification.

Seanad: Planning and Development Bill 2023: Report Stage (24 Sep 2024)

Alice-Mary Higgins: It is important. We simply cannot have inaccuracies-----

Seanad: Planning and Development Bill 2023: Report Stage (24 Sep 2024)

Alice-Mary Higgins: Differences in opinion are fine-----

Seanad: Planning and Development Bill 2023: Report Stage (24 Sep 2024)

Alice-Mary Higgins: In the meantime do not say that it is compliant if it is not compliant.

Seanad: Planning and Development Bill 2023: Report Stage (24 Sep 2024)

Alice-Mary Higgins: With respect, it is important.

Seanad: Planning and Development Bill 2023: Report Stage (24 Sep 2024)

Alice-Mary Higgins: I move amendment No. 17: In page 38, line 32, to delete “, subject to subsection (8) of section 156—”

Seanad: Planning and Development Bill 2023: Report Stage (24 Sep 2024)

Alice-Mary Higgins: I move amendment No. 22: In page 42, between lines 31 and 32, to insert the following: “(4) The Minister shall facilitate effective public participation at an appropriate stage, and while options are still open, during the preparation of regulations which may have a significant effect on the environment, and shall take the following steps: (a) set time-frames sufficient for...

Seanad: Planning and Development Bill 2023: Report Stage (24 Sep 2024)

Alice-Mary Higgins: I move amendment No. 23: In page 42, after line 38, to insert the following: “(5) Notwithstanding anything elsewhere provided in this Act, including under subsection (1) of section 285, where regulations or an order are proposed to be made by a Minister under— (a) Part 3 Plans, Policies and related Matters, (b) Part 4 Development Consents, (c) Part 6 Environmental...

Seanad: Planning and Development Bill 2023: Report Stage (24 Sep 2024)

Alice-Mary Higgins: I move amendment No. 24: In page 43, to delete lines 8 to 16.

Seanad: Planning and Development Bill 2023: Report Stage (24 Sep 2024)

Alice-Mary Higgins: I move amendment No. 25: In page 43, between lines 16 and 17, to insert the following: “(7) (a) The relevant Minister shall establish a list of prescribed bodies for the purposes of consultation on regulations and other matters under this Act under their jurisdiction, and before making regulations under this Act, consult with the existing set of prescribed bodies that are...

Seanad: Planning and Development Bill 2023: Report Stage (24 Sep 2024)

Alice-Mary Higgins: I move amendment No. 26: In page 44, between lines 8 and 9, to insert the following: “(e) a change in use of an artistic or cultural premises to a primarily retail or commercial purpose,”.

Seanad: Planning and Development Bill 2023: Report Stage (24 Sep 2024)

Alice-Mary Higgins: Amendment No. 26 seeks to include a change in use of an artistic or cultural premises to a primarily retail or commercial purpose, among the listed items. On page 44, there is a list of the kinds of development that are exempted. I have spoken in general about my very serious concerns regarding these exempted developments because it is not clear how wide or extensive this may be in terms of...

Seanad: Planning and Development Bill 2023: Report Stage (24 Sep 2024)

Alice-Mary Higgins: I regret that amendment No. 41 has been ruled out of order, having been voted down on Committee Stage. It is extraordinary and one of the strangest elements of this problematic Bill that section 11(2) effectively says that, if someone makes a declaration on whether a project is an exempted development, such a declaration is not admissible in court. There is a weird, almost secret planning...

Seanad: Planning and Development Bill 2023: Report Stage (24 Sep 2024)

Alice-Mary Higgins: On that last point, it is not the case that provisions will remain in place because the Bill explicitly provides for the replacement of sections 50A and 50B within the current piece. Those sections will end in their functionality when Chapter 1 of Part 9 commences. However, there are matters explicitly relating to costs that are not to do with Chapter 1 of Part 9 but are to do with Chapter...

Seanad: Planning and Development Bill 2023: Report Stage (24 Sep 2024)

Alice-Mary Higgins: I am just addressing the Minister of State's question.

Seanad: Planning and Development Bill 2023: Report Stage (24 Sep 2024)

Alice-Mary Higgins: Fair enough.

Seanad: Planning and Development Bill 2023: Report Stage (24 Sep 2024)

Alice-Mary Higgins: I was responding to the Minister of State's responses on these matters. It is also important that I note the concerns raised by Senators on the Government side that were overlapping. The responses of the Minister of State, Deputy Dillon, were not adequate in respect of the question of how the Aarhus Convention requirement of a significant impact on the environment would be assessed. We did...

Seanad: Planning and Development Bill 2023: Report Stage (24 Sep 2024)

Alice-Mary Higgins: I move amendment No. 27: In page 46, between lines 20 and 21, to insert the following: “(c) where an environmental impact assessment or appropriate assessment has not been required under any such enactment, but the activity may have a significant impact on the environment, public participation has been provided for prior to the authorisation or permitting of the activity.”.

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