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

Malcolm Noonan: I do not think it is a fault of the legislation. If the provisions here are not any different it is because they are there to ensure utility companies reinstate the surfaces as they were. Again, it is a matter of application at the level of each local authority, I imagine.

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

Malcolm Noonan: Yes. It would be read in conjunction with subsection 12(1)(a), which relates to "a public electronic communications network".

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

Malcolm Noonan: We discussed this at length yesterday in terms of the exceptional reasons. It is important to align it with the general consenting timelines for local authorities. That is the rationale behind it.

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

Malcolm Noonan: Certainly it would, but what we have set out here gives that. It is about general alignment and consistency for local authorities. That is the approach we have taken with it.

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

Malcolm Noonan: We do not see it as needed. The four weeks are sufficient.

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

Malcolm Noonan: Yes.

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

Malcolm Noonan: It was a drafting decision by the OPC, just in terms of the layout of paragraphs (a), (b) and (c) of section 12(9).

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: Yes. It provides that any person "Any person may appeal the refusal by a planning authority".

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

Malcolm Noonan: I move amendment No. 109: In page 53, to delete lines 1 and 2 and substitute the following: “(a) an appliance, apparatus or structure that is— (i) authorised in accordance with a permission granted under Part 4, or (ii) exempted development for the purposes of this Act,”.

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

Malcolm Noonan: I move amendment No. 117: In page 56, between lines 35 and 36, to insert the following: “(f) Where a person appeals— (i) the refusal by a planning authority of an application for the continuation of a licence under this section, or (ii) the revocation by the planning authority of a licence under this section, to the Commission, the licence shall, notwithstanding...

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

Malcolm Noonan: I move amendment No. 119: In page 57, between lines 23 and 24, to insert the following: “Licences under section 254 of Act of 2000 13. (1) A licence granted under section 254 of the Act of 2000 that was in force immediately before the repeal of that section by section 6 shall remain in force and have effect on and after that repeal as if the Act of 2000 had not been repealed. (2)...

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

Malcolm Noonan: Section 261 relates to unauthorised quarries. Section 261A has regard to the environmental impact assessment directive and the habitats directive.

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

Malcolm Noonan: Exactly.

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

Malcolm Noonan: The normal provisions are required in relation to... Will the Deputy hold on one second?

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

Malcolm Noonan: It falls under enforcement and retrospective consent.

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

Malcolm Noonan: Yes.

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

Malcolm Noonan: I move amendment No. 120: In page 58, between lines 11 and 12, to insert the following: “ “built up area” means a collection of statistical small areas, identified by the Central Statistics Office as a built up area following a census of population of the State;”. I also intend to move amendments Nos. 124 and 160 and to withdraw amendments Nos. 123, 156, 159...

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

Malcolm Noonan: I will withdraw amendments Nos. 123, 156, 159 and 251. Amendments Nos. 120 and 124 are minor amendments to the definitions in section 15 to reflect new terminology used by the CSO to define towns for the purpose of a census. The CSO has introduced the use of the term "built up areas", BUAs, in the context of primary urban geography in future censuses. This term replaces that of "census...

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