Results 721-740 of 4,810 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: 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...

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

Malcolm Noonan: Yes, I am talking about airports, for instance, where there may be-----

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

Malcolm Noonan: These specific cases might be plans which might affect priority habitats or priority species. That is where the IROPI part is relevant.

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

Malcolm Noonan: This is quite complex, a Chathaoirligh, and it might be useful if we went into private session to consider these matters further.

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

Malcolm Noonan: I will respond to that. Amendment No. 825 relates to section 183 of the Bill which provides for screening for appropriate assessment. The amendment if made would require that a screening report, when undertaken, would be published alongside the planning application. Section 183(7) provides that a determination in relation to a screening must be published along with the reasons for making...

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

Malcolm Noonan: No, it is not a statutory requirement.