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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: I move amendment No. 627: In page 201, line 5, to delete “benefitting” and substitute “benefiting”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: The Deputy might give us a few minutes to consult.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: One of the Deputy's questions is on section 84(10), is that correct?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: The Deputy's question with regard to 84(6) is that a new-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: It is new.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: The question is on how it is calculated.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: Chair, we might go into private session on these questions, if that is all right, to give clarity and speed up proceedings.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: Under section 86(1), a person shall not apply for planning permission under Chapter 3 unless he or she first requests a consultation under section 87. Section 87(1) reads, "Notwithstanding section 86, any person (in this section referred to as a "prospective applicant") who is eligible to apply for permission and intends to apply for permission for standard development may request a...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: Exactly.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: Amendments Nos. 633 and 693 seek to delete the requirement for a person to be eligible to apply for permission under sections 87 and 114 to seek a pre-application consultation. This is an important provision that ensures the most efficient use of planning authority or commission resources. Without it, someone who is not the owner or who does not have the consent of the owner could seek a...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: Yes, or they need the power to compulsorily purchase land.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: On the pre-application consultation, section 86(1)(d) refers to "such other developments as may be prescribed" by the Minister. We will try to come back with clarification on the issue raised in relation to cable infrastructure.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: We will indeed.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: Amendment No. 694 seeks to amend section 114(3) to add a timeframe of four weeks for the commission to notify the planning authority of a pre-application request and to carry out the consultations for developments prescribed under section 86(10)(d) as requiring mandatory consultations. A mandatory four-week timeframe to be put in place for consultations on direct applications to the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: The LRD timeline is related to the planning authority. It goes back to the capacity of the board, particularly with large-scale renewable energy projects. Many and probably all would require significant pre-application work. It is about capacity to do that. That is why this amendment is not workable.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: It is a fair point but it is a capacity issue at present. In terms of the pre-application consultation, it is dealing with the large volume of information that has to be compiled to allow the commission to carry out that work. It is about capacity, given the scale and complexity of such projects. Section 114(4) states that, "subject to paragraph (b) of subsection (6), in any consultation...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: Yes.

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