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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: Exactly.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: That is it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: Yes. A person must have a reason other than just timelines in questioning the validity.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: No, they are not, but issues could arise.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: Exactly, yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: We would expect that all timelines would be met but again it is to cover any unforeseen eventuality that could occur.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: It is very unlikely that a situation would arise, but again it is to have cover for that eventuality. There would have to be very significant issues-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: It is broadly the same.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: The critical and overarching point is that the balance is given to not reopening the plan in its entirety. On Deputy Ó Broin's question on the interim report and section 54(4), that refers to the recommendations of the review for consideration by members. The Bill states that not later than five years after the making of a development plan, members of a planning authority shall...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: I think it is usually a two-thirds majority.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: It is by a simple majority of the members.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: We can do that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: I agree. We will give consideration to it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: I move amendment No. 457: In page 120, to delete lines 21 to 23 and substitute the following: “the planning authority shall— (I) serve a notice on each person who is the owner or occupier of, and any person appearing to the authority to have an interest in, the proposed protected structure or the protected structure, as the case may be, of the proposed addition, deletion...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: I will address amendments Nos. 980, 987, 992, 994, 995 and 997 as jointly tabled by Deputies Cian O'Callaghan, Ó Broin, Gould, Ó Snodaigh, Boyd Barrett, Bríd Smith and Gino Kenny. These amendments seek to amend sections 281 to 283, inclusive, to provide that other relevant persons, as well as owners and occupiers, shall take all reasonable steps to ensure that a protected...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: The existing legislation should work. I think this is down to enforcement at a local level, which is critically important. Section 281 deals with the "duty of owners and occupiers to protect structures from endangerment". It states: Subject to subsections (2) and (3), each owner and occupier of a protected structure or proposed protected structure shall take all reasonable steps to...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: I will come back in on two points made by Deputy Ó Snodaigh. It is important to have these skills at local authority level. We have budgeted in 2024 to ensure that all local authorities have an architectural conservation officer, ACO. Currently, they do not all have one. There is the wider recognition of ACOs at local authority level. It is something we have worked on with the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: Under this section it is the duty of the owners to protect structures from endangerment. Section 281 (4) provides that "Any person who, without lawful authority, endangers a protected structure or a proposed protected structure shall be guilty of an offence.". Section 281(5) states: In any proceedings for an offence under subsection (4), it shall be a defence for the defendant to prove, on...

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