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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: That would be part of the ongoing overall review of the legislation as we legislate. We have looked at the role of the OPR and are happy there is an appropriate role for both the Minister and the OPR in issuing draft directions. The OPR recommends to the Minister to issue draft directions. It is around the overall theme of consistency of application throughout the system. Far from...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: Mahon was 2012 and there have been significant changes since that time. The Government is happy it is an appropriate role for the Minister and the OPR, in terms of issuing draft directions and the OPR recommending to the Minister on the issue of draft directions. It is very much an oversight role and in our view a proportionate one.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: To clarify on the inconsistency question, there are gaps due to conflicting plans or policies and this is just to remove any ambiguity or uncertainty. It is a necessary means to counteract uncertainty that results in what could be court-led or judgment-led, as opposed to plan-led, planning. The objective is to try to get it right from the start in order we get it at the outset at whatever...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: Section 34 (3) states: If the Office of the Planning Regulator, upon consideration of a report submitted to it under subsection (1), is of the opinion that there is a material inconsistency for the purposes of that subsection and— (a)is satisfied that the steps proposed by the regional assembly shall be sufficient to remove the material inconsistency concerned— (i) the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: It states "shall", so they will have to do it, according to the legislation.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: If it is okay, in order to clarify, I will speak to the note on the proposal by Deputies Ó Broin, Gould and Snodaigh to delete this section in its entirety.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: This section provides for a new procedure enabling the timely amendment of the regional, spatial and economic strategy so as to make it materially consistent with new or revised national planning policies and measures. The section applies where an amendment to the RSES is necessitated by an issuance of a new or amended national planning statement and is being made to ensure that the RSES is...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: On the first question from Deputy Ó Broin, the expiration of the six-week period is again just to ensure the meeting is carried out and that it is done. It is to give time. Specifically, regarding-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: Yes. It is just to ensure that it is carried out.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: It is six calendar weeks.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: There could be a special meeting. There are provisions there for special meetings.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: No, not ordinarily.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: Due to that six-week period, they would have to set up a meeting during that time. Regarding the second point raised by Deputy Ó Broin on the powers in section 38 for the Minister to issue a direction, if members look at subsection (14) of that section, it states: Where the Minister issues a direction under subsection (1), the regional assembly shall, within 3 working days of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: I am reading from page 95, section 38(14).

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: Obviously, it has to go through a screening process for both environmental and appropriate assessment. There would be a public consultation if it were deemed that those were necessary.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: No.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (19 Mar 2024)

Malcolm Noonan: We are satisfied that, as drafted, this is Aarhus compliant. If an amendment to the strategy has been screened for EIA and appropriate assessment, and one is not required, it would mean it is not a material matter and, therefore, does not require public consultation. If it goes through the process and it is deemed that the amendment requires environmental assessment and appropriate...

Saincheisteanna Tráthúla - Topical Issue Debate: Fire Service (7 Mar 2024)

Malcolm Noonan: I reiterate the steps my Department has already taken to incrementally increase the retirement age for retained firefighters from 55 to 60. I can also reconfirm that the Minister intends to engage with the Department of Public Expenditure, National Development Plan Delivery and Reform to ensure that the mandatory retirement age for retained firefighters is consistent with that of other...

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