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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.”.

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

Alice-Mary Higgins: I move amendment No. 31: In page 48, between lines 15 and 16, to insert the following: “(f) an organisation, group or association— (i) whose primary purpose, or whose constitution includes objects, which relate to the promotion of environmental protection of relevance to the request concerned, and (ii) which shall additionally provide a simple written statement when...

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

Alice-Mary Higgins: I move amendment No. 32: In page 48, line 18, after “fee,” to insert “any person,”.

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

Alice-Mary Higgins: I move amendment No. 33: In page 48, line 27, after “fee,” to insert “any person,”.

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

Alice-Mary Higgins: I move amendment No. 35: In page 51, line 26, to delete “5 working days” and substitute “3 working days”.

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

Alice-Mary Higgins: I move amendment No. 36: In page 51, line 28, after “inspection” to insert “free of charge”.

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

Alice-Mary Higgins: I move amendment No. 37: In page 53, line 35, after “section 376,” to insert “any person,”.

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

Alice-Mary Higgins: I move amendment No. 38: In page 54, line 3, after “section 376,” to insert “any person or”.

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

Alice-Mary Higgins: I move amendment No. 42: In page 57, line 29, after “application” to insert the following: “, request for a declaration, request for information, further information, notice, request for a review or a referral under that section and made before that repeal or”.

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

Alice-Mary Higgins: I move amendment No. 43: In page 57, line 29, after “appeal” to insert the following: “and any such matter may be concluded in accordance with the provisions of section 5 of the Act accordingly”.

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

Alice-Mary Higgins: I move amendment No. 50: In page 60, line 12, to delete “grant” and substitute “refuse”.

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

Alice-Mary Higgins: I thank the Acting Chairperson. I may have to change around the order of the amendments as I address them, so I will effectively begin from the end. On amendment No. 17, I am concerned about the provision as it is worded at the moment. I hope that concern is inadvertent but it could have an unforeseen consequence. The provision as it is currently worded would mean that within the scope...

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

Alice-Mary Higgins: I second the amendment.

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

Alice-Mary Higgins: I move amendment No. 51: In page 60, between lines 28 and 29, to insert the following: "(d) Notwithstanding paragraph (b), where the licence involves an environmental impact assessment or an appropriate assessment, no deemed grant of permission shall arise where a planning authority fails to make the decision within the periods referred to in paragraph (b).".

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

Alice-Mary Higgins: I will speak to our amendments in this section. Amendment No. 57 seeks to place Ireland's obligation as a UN member state committed to the progressive realisation of the UN sustainable development goals within the national planning framework. It is particularly important given that Ireland played such a key role in the negotiation of the sustainable development goals and indeed in the...

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