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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Mar 2024)

Kieran O'Donnell: Battle sites are explicitly referenced.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Mar 2024)

Kieran O'Donnell: Battle sites are covered in the definition along with any site with legendary or mythological associations. They are covered explicitly, therefore, in the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Mar 2024)

Kieran O'Donnell: I will address Amendments Nos. 401 to 403, inclusive, 407 and 414 together. Amendment No. 401, jointly tabled by Deputies Ó Broin, Gould, Ó Snodaigh, Boyd Barrett, Smith, Kenny and O’Callaghan, seeks to include a new objective in such strategies for the conservation, protection, management and improvement of native species subject to the strict protection of species under...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Mar 2024)

Kieran O'Donnell: It is section 48(2)(i).

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Mar 2024)

Kieran O'Donnell: Section 48(2)(i) refers to "places, caves, sites, features and other objects of archaeological, geological, historical, scientific or ecological interest". We believe that captures and covers it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Mar 2024)

Kieran O'Donnell: The section we are quoting that relates to amendment No. 407 makes specific reference to historical sites. The Deputy wanted a bit more information on amendments Nos. 401 and 402. Is that correct?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Mar 2024)

Kieran O'Donnell: It reads "places ... of archaeological, geological, historical, scientific or ecological interest”, such as caves, sites and features. That covers this.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Mar 2024)

Kieran O'Donnell: Exactly, yes. So, it is covered-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Mar 2024)

Kieran O'Donnell: Places, caves and features are one element, and this is in addition to any other objects that are of “archaeological, geological, historical, scientific or ecological interest”. It is all-encompassing. It covers every aspect.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Mar 2024)

Kieran O'Donnell: Features.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Mar 2024)

Kieran O'Donnell: They could be covered under “sites” and “places”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Mar 2024)

Kieran O'Donnell: The view we take, and we can obviously agree to differ, is that it is too restrictive. There may be circumstances where the word “hedgerows” may need to be removed. This may be for wider policy issues or sustainable development. It is just too restrictive. That is the view we take.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Mar 2024)

Kieran O'Donnell: Section 48(2) reads “The strategy shall include objectives for the conservation, protection, management and improvement of”, and section 48(2)(b) goes on to state "biodiversity in accordance with the EU Biodiversity Strategy and the National Biodiversity Plan including in particular the protection of trees, groups of trees or other features of ecological significance". We...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Mar 2024)

Kieran O'Donnell: What is the amendment?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Mar 2024)

Kieran O'Donnell: The development plans have to comply with directives and related laws. If Deputy Duffy were to come back on Report Stage and say what is specified in those directives and be specific, we would consider it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Mar 2024)

Kieran O'Donnell: There are protection orders for trees. They are specifically provided for in that way. The hedgerows are provided for under "other features of ecological significance". The Deputy will probably be aware that, in many cases, if people are going for planning, they check sight lines.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Mar 2024)

Kieran O'Donnell: They step back three metres and look either side to get their 30-metre view.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Mar 2024)

Kieran O'Donnell: It is the practical import here and we believe that, on balance, it is covered. If we were to put it in, it could be too restrictive and have unintended consequences. We will agree to differ on it. I will be holding firm on that one.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Mar 2024)

Kieran O'Donnell: We can differ, but I have given my explanation on that one.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Mar 2024)

Kieran O'Donnell: That is fair.

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