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Written Answers — Department of Housing, Planning, and Local Government: International Agreements (29 Feb 2024)

Malcolm Noonan: My Department is not currently considering the standard referred to and would need to review its content and legal standing before taking any steps in relation to it. Ireland’s policy on archaeological heritage is based on the provisions of the 1992 European Convention on the Protection of the Archaeological Heritage (the Valletta Convention) and this informs all relevant policies and...

Written Answers — Department of Housing, Planning, and Local Government: International Agreements (29 Feb 2024)

Malcolm Noonan: The existing National Monuments Acts 1930 to 2014, and the Planning and Development Act 2000, currently enable compliance with the Valletta Convention with its aim of the protection of archaeological heritage as a source of the European collective memory and as an instrument for historical and scientific study. The more recently enacted Historic and Archaeological Heritage and...

Written Answers — Department of Housing, Planning, and Local Government: International Agreements (29 Feb 2024)

Malcolm Noonan: The EU Water Framework Directive (Directive 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field of water policy) establishes a common framework for the protection of inland surface waters, transitional waters, coastal waters and groundwater. River basin management planning, structured in six-year cycles, along with its associated Programme of Measures, is...

Written Answers — Department of Housing, Planning, and Local Government: International Agreements (29 Feb 2024)

Malcolm Noonan: The National Landscape Strategy was devised in 2014 to give effect to the European Landscape Convention. Implementation of the National Landscape Strategy is implicit in many of the actions taken across the built and natural heritage sphere. The current work being undertaken across Government in the context of the land use review will supplant and overtake that strategy. In parallel, my...

Ceisteanna ar Pholasaí nó ar Reachtaíocht - Questions on Policy or Legislation (28 Feb 2024)

Malcolm Noonan: There are currently no plans to extend the season any further. As we know, bird-nesting season is upon us. It is important that everybody, both contractors and landowners, adheres to that. We have developed a programme around awareness, including across our social media channels. Separately, on roadside safety and overhanging branches, there is already an exemption under the Wildlife Act....

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: It is, as in an advertisement structure. The Deputy is talking about where advertisement structures are being put back in, where-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: No, it does not.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: It does not. The definition in section 12 is "a public electronic communications network, within the meaning of Directive (EU) 2018/1972".

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: It is in subsection 12(1)(a).

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: Where it is defined, that is the overground electronic communications infrastructure, so there is no definition there. It is taken as read.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: No.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: In response to the Deputy's first question, I agree with him. It is something we have all come across, whereby roads have been removed for infrastructure and have not been returned or there has been maybe a settling of materials. It is a matter for the local engineer, the local authority, to rectify that. In any of the cases I have had in my constituency, that would be the case. The local...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: No. There are functions under the Roads Act, certainly, but it is not in this Bill. Generally, it is the case that it is work that is carried out by the local authority in its day-to-day roads programme, and sometimes that is the resurfacing, including repairs to works that have previously been done by contractors.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: Subsection 12(5) states: A planning authority may, upon an application under this section— (i) grant a licence under this section in respect of such period, and upon such conditions (including conditions relating to location and design), as the planning authority may specify ... I would assume, therefore, that it would be included in that. They do require a road opening...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: They should be covered under the road opening licence issued by the authority. That is where those conditions should be put in place as regards returning the road surface to the condition it was in.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: Section 12(6) states: Where, in the opinion of the planning authority, an appliance, apparatus or structure for which a licence has been granted under this section or section 254 of the Act of 2000 causes an obstruction, or becomes dangerous, by reason of the increase or alteration of traffic on a road, the widening of a road or any improvement of or relating to a road, the planning...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: To go back, the road opening licence covers that, if members will excuse the pun. It covers the reinstatement afterward. Section 12(7)(d) provides that in considering an application for a licence under this section, a planning authority shall have regard to "the convenience and safety of road users including pedestrians". Although it is covered under the Roads Act, I think that line covers...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: The conditions of the granting of the licence, the road opening licence and the subsections I have read out collectively address those issues. The road opening licence would have to have those conditions in place around the reinstatement of the road to a good condition - I do not know the terminology - or to the condition it was in previously. That would be a standard provision. This is...

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