Results 1,361-1,380 of 6,904 for speaker:Cian O'Callaghan

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

Cian O'Callaghan: There must be a reason for section 130(8) being linked to section 320(3). Otherwise the former would just link to time limits in general. Why is there this specific seven-year period in relation to unauthorised quarry development or unauthorised peat extraction?

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

Cian O'Callaghan: I get that part of the Bill and do not have an issue with that part of the Bill. My question is why that wording is then being applied to section 130(8), which states: A direction or draft direction under this section shall not require the taking of remedial measures in relation to a development to which subsection (3) of section 320 applies that was carried out more than 7 years before...

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

Cian O'Callaghan: In a sense it is going back to the original question. Why do we have section 130(8)? What is the rationale behind having it in the Bill and what is the concern around it not applying if it was carried out more than seven years before the commencement of this subsection? That is the original question and it still stands.

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

Cian O'Callaghan: Remediation of unauthorised quarries and unauthorised peat extraction is very important in terms of environmental damage. It can be very difficult to remediate depending on the level of damage done. The concern is about a provision in the Bill that would prevent remedial action being required under section 130 if section 130(8) applies to it. Why have this prohibition? Why not at least...

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

Cian O'Callaghan: I have some knowledge of this area. If we take an unauthorised quarry and the damage that has been caused by it and if it comes to enforcement around it and remediation, remediation does not necessarily mean that you fill in the entire quarry, restore it, get a load of rock, bring it back to the quarry it once was and undo ten years of extraction. That does not necessarily mean remediation....

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

Cian O'Callaghan: No, but you could do some very important remediation works that could mitigate some of the damage that has been done. My concern is that section 130(8) prevents that from happening.

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

Cian O'Callaghan: I have been trying to make a contribution for a while. The Minister concludes, as is his right to do, but I have been trying to make a contribution for the past ten minutes. I say that so that the committee might know that I am not delaying things but have been trying to get in. I raised these issues initially so I should probably be able to take part in a discussion on them. There are...

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

Cian O'Callaghan: I have just one comment here. We are still not clear as regards section 317(2)(d) and there are no time limits on enforcement notices on remediation steps.

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

Cian O'Callaghan: Yes, but there is no seven years before the commencement of the subsection applying to that. For unauthorised quarries and peat extraction, an enforcement notice which issues is not subjected-----

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

Cian O'Callaghan: Absolutely, so why is there an inconsistency in the legislation? What is the rationale for this seven years before the commencement of this subsection under section 138? That is the original question but the Minister has said he is coming back to us on that and that is fine.

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

Cian O'Callaghan: The Minister will be providing the committee with a note on this.

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

Cian O'Callaghan: I would be happy to do that. On amendments Nos. 721 and 722, which relate to Part 6 on environmental assessments, will the Minister of State expand on how they relate to alterations and on the assessments provided for and considered under Part 6? I ask specifically about how they relate to strictly protected species under Annex IV of the habitats directive.

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

Cian O'Callaghan: I appreciate that but they relate to Part 6 and with respect to the adequacy of the consideration set out in this Bill regarding making alterations to permissions including extensions or other changes. In terms of Part 6 to which these relate, how do amendments Nos. 721 and 722 ensure that adequate assessments are made under Part 6 covering all of the considerations which might need to be...

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

Cian O'Callaghan: I understand that. I am asking how strictly protected species under Annex IV of the habitats directive are provided for?

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 Part 6, which these amendments reference, and ensuring adequate assessments are carried out, how are strictly protected species which are covered under Annex IV of the habitats directive included in the process or the assessment?

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

Cian O'Callaghan: My concern about these Parts of the Bill is that it is not very clear or explicit. The exchange we have just had probably demonstrates that. I just asked that question about Annex IV of the habitats directive, strictly protected species, and it took a while to be able to get an answer on it. I am concerned that the legislation is not explicitly clear here, that this could be missed or that...

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

Cian O'Callaghan: I am not asking for them to be replicated. I am just asking if it is robust enough to ensure that all of these assessments are adequately considered and if that is considered to be explicit enough here. In your view, it is.

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

Cian O'Callaghan: In relation to the role local authorities have been given in respect of development, I note that the deciding authority is the competent authority for the purposes of Part 6, environmental assessments, and that the deciding authority is established in section 133(3), I think. If the local authority is the competent authority, does that have any impact on its role and the decisions it is making?

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

Cian O'Callaghan: Okay. That is the formal separation of roles and functions under the legislation to ensure there are not any conflicts or pressures.

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

Cian O'Callaghan: Amendment No. 828, which relates to page 339 of the Bill, proposes to delete lines 12 to 16 of that page and to insert a new wording there. One of the requirements of the habitats directive, under Article 6.3 is that you need to consider not just the impact of an individual plan or project that is proposed, but also the combination of effects, including complex interactions and cumulative...