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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: I think the answer on the planning guidelines misses my point. I am not dismissing the use of planning guidelines but it misses the point I am making. Public consultation can be invaluable. What the public raises during a consultation can be invaluable. When it comes to any development, including housing, it is important that people get to have their say in it and get their voices heard....

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: I have a couple of questions. The Minister of State has given us the assurance it is not anticipated a further extension will be sought. That is not exactly a strong commitment. All sorts of things are not anticipated and then they happen. Bad weather is not always anticipated but we get plenty of it in Ireland. We are in a situation where this could just be rolled over year after year....

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: I thank the Minister of State. That is a better commitment than the first form of words. I am still not clear what problem this is fixing. I appreciate the Minister of State is going to give us more information, but is there any evidence at all this is accelerating housing delivery? We have heard about the 30 housing developments and 95 units, but they could have happened anyway. When...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: I thank the Minister of State. I wish to make a final point on this. I have a concern around these provisions as there is no public consultation, no appeals process for the public. The more those are shut down the higher the risk we will end up with delays to the provision of housing because if people have issues they want to articulate, their only route is the judicial review one. They...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: It is not agreed.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: I will come in on amendment No. 676, which is a part of this grouping. These amendments cover a similar issue. What is the Minister's justification and rationale for the changes proposed that restrict participation? Has he had advice on these specific measures in the Bill and whether they are compliant with the Aarhus Convention when they restrict participation? I know he has general...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: I would like to add to the comments that have been made about the former committee member, Deputy Emer Higgins, who is now a Minister of State. She certainly made a good contribution to this committee. I believe amendment No. 674 strengthens this section. It moves away from arbitrary criteria like one year or ten members to much more important criteria. For example, it includes that the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: I will finish my point if we have the time. I would be particularly concerned about subsection (b)(v), which states, "that has passed a resolution, in accordance with the constitution of the company, before the bringing of the appeal authorising the company to bring the appeal." It is very reasonable. The issue with it is timing. There can be very short windows to do this.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: That is where I have concerns on that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: Of course it sounds absolutely reasonable in terms of transparency to have a resolution passed. The practical effect of that is what concerns me. In a planning appeal, you have a limited window to get the appeal in. An environmental NGO could be dealing with a complex technical appeal involving a huge amount of work and a lot of expertise may need to be sought. In terms of complying with...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: I move amendment No. 676: In page 223, to delete lines 7 to 11.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: I move amendment No. 683: In page 230, between lines 36 and 37, to insert the following: “(3) (a) Where an appeal under this Chapter relates to development, or proposed development situated or proposed to be situated wholly or partly in a Limistéar Pleanála Teanga Gaeltachta or a Baile Seirbhíse Gaeltachta within the Gaeltacht materially contravenes any relevant...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: In terms of the example given by Deputy Boyd Barrett, I have had a similar example in my constituency, although not around housing development but public consultation around restricting parking outside a school. Of course most people would agree that such restrictions were very sensible measures to make things safer for the school children but what was not in the public consultation was...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: I will just ask a quick question on this. With regard to this amendment on section 165 on phasing plans, is the way the planning authority does this with the developer effectively entirely at the discretion of that authority or has guidance been issued on it at any stage?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: Do they relate to how phasing is used or not used? That is what I am asking.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: This is new.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: All applications for ten or more houses will include a phasing plan.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: Does the Minister not think the not-for-profit wording would be useful here as an addition?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: Absolutely, I understand that. My question is on whether everything that is applicable to this is set out on page 303 of the new Bill or if there have also been circulars from the Department or the Minister on issues relating to phasing.

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