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

Malcolm Noonan: Amendment No. 830 relates to section 184 of the Bill regarding the preparation of a Natura impact report. The wording of section 184(2)(c) is intended to give effect to Article 6.3 of the habitats directive which provides: "Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in...

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

Malcolm Noonan: It is, yes.

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

Malcolm Noonan: No is the answer. These are generally under an emergency scenario so there would not be cause to have the public involved in that. The public are notified. That is the only involvement of the public in that.

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

Malcolm Noonan: Will I read the note on the amendment?

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

Malcolm Noonan: Amendments Nos. 874 and 875 relate to section 205 of the Bill. Section 205 provides for an exemption from the requirement to carry out an environmental impact assessment and gives effect to Article 2.4 of the EIA directive. In accordance with the directive, an exemption can only be granted in exceptional cases; where the application of the EIA directive would adversely impact the purpose...

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

Malcolm Noonan: It is, yes.

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

Malcolm Noonan: Exactly.

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: This amendment proposes to amend section 213, which provides for the EIA of relevant development and outlines conditions that may be attached to a grant of permission, which is of particular relevance to the proposed amendment. The amendment proposes that an additional condition, namely, "conditions for environmental and nature restoration" be included. This amendment is not necessary as...

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

Malcolm Noonan: Amendments No. 883 and 884 relate to section 214. The section outlines the additional provisions that apply to environmental impact assessments and screening for EIA in respect of applications for retrospective consent. Amendment No. 883 would insert a provision that the screening for EIA also take account of the "cumulative impact likely from the permitted developments in proximity to...

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

Malcolm Noonan: The objective is to try to retrospectively address issues where an EIA has not been carried out. The development has taken place so this tries to retrospectively deal with the issues that would have arisen from that particular development, if the Deputy understands.

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

Malcolm Noonan: I refer the Deputy to section 214(1), which states: A competent authority shall, for the purpose of carrying out a screening for environmental impact assessment under section 207 in relation to a relevant development that has been or is being carried out, take account of any likely significant effects on the environment that— (a) have occurred, (b) are occurring, or (c) could...

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

Malcolm Noonan: It could be for an application for retention.

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

Malcolm Noonan: We will.

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. 722: In page 265, between lines 2 and 3, to insert the following: “Application of Part 6 134. Part 6 shall apply in addition to this Chapter and, accordingly, the deciding authority shall, for that purpose, be the competent authority under that Part.”.

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

Malcolm Noonan: I am discussing amendment No. 726. Am I in the wrong grouping?

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

Malcolm Noonan: Will I start with amendment No. 725?

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

Malcolm Noonan: Amendment No. 726 seeks to amend section 135 regarding a request for alteration or extension of permission by clarifying that a development must have commenced before an extension of duration can be sought. The Bill as initiated did not have any restriction on when a request for an extension could be sought. It is appropriate that a request for an extension of duration can only be made...

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

Malcolm Noonan: Amendment No. 729 inserts a new section regarding limitations on extension of duration of permission to provide that only one application for an extension of duration can be made and that the period of the extension must be in line with the length of the original permission. If the permission is for five years, then the extension cannot be for longer than five years. Again, the intent of...

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