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Joint Oireachtas Committee on Agriculture, Food and the Marine: Strategic Direction of Bord Bia: Discussion (22 Mar 2023)

Victor Boyhan: That is great.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Victor Boyhan: I welcome Mr. Hogan and the team from the Department. I agree with what Deputy Ó Broin has said. We acknowledge the enormous amount of work that has been put into this Bill. Clearly a lot of work has gone into it. I was thinking, as I was coming in this morning, that what everyone wants is concise, clear guidance around planning and a sense of certainty about it. I do not think...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Victor Boyhan: I thank the Cathaoirleach. Clearly, we have a lot of time. There are very few people here because the Minister is on his feet in the Dáil Chamber and our colleagues are in there asking questions. I thanked the Department earlier but I failed to thank the environmental pillar and NGOs, many of whom are listening in this morning. They have done an amazing amount of work. It is...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Victor Boyhan: Does Mr. Hogan see the benefit of us looking at the case book?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Victor Boyhan: Clearly, it is an area of interest to this committee. Mr. Hogan mentioned the Aarhus Convention a number of times. It is obvious that it is of importance to the committee, and it is very relevant to this draft legislation. Is Mr. Hogan, as someone in a key position in planning, familiar with any cases?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Victor Boyhan: It is important, yes. I suggest that the Department looks at the casebook. I ask that officials in the Department would look at the casebook. I am surprised that anyone should even have to think about this. I would have thought the Department would already have had a look at it. Has the Department had a look at the case book? I ask Mr. Hogan to confirm that.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Victor Boyhan: Mr. Hogan may not be familiar with any cases, but has the Department looked at the matter? In the context of this draft legislation, can Mr. Hogan confirm to this committee whether the Department has looked at the Aarhus Convention compliance casebook related to planning? It is a very simple question, and I ask that someone would provide confirmation.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Victor Boyhan: Would the Department be in a position to share with us the cases that have been raised? I know it is the responsibility of another Department but there is cross-departmental work going on, with an holistic approach being taken by Departments. This is major draft legislation, and I believe these cases are relevant. I am familiar with some of them and I believe there are lessons to be...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Victor Boyhan: To put this piece to bed, I ask the witnesses to engage with other Departments on the issue and see what can be learned. I will organise for parliamentary questions to be tabled for reply by the Department in the coming days. In fact, I have draft parliamentary questions prepared and will send them on to a Member of the Dáil. We need to get the answers to those questions. There is a...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Victor Boyhan: Is that really the case? The advice I received is that section 250 may be at odds with EU law, which seeks to provide the public with access to justice in environmental matters. It acknowledged that citizens may need assistance to exercise these rights. That is profound. That advice was received from a senior counsel who deals daily with planning matters in the courts. What assurances...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Victor Boyhan: What is the timeline for that scheme?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Victor Boyhan: There is a significant amount of concern in that regard. I thank the witnesses.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Victor Boyhan: The Chair made a reference to, and I saw the officials nod their heads and say that they agree with, deleting the four words when Mr. Hogan talked about the ten-year county development plan. One of the major changes is moving the plan from a five to ten years. Broadly speaking, there seems to be an acceptance for that now having teased out the matter when we had the various representatives...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Victor Boyhan: We would like to see greater clarity on the role and functions. Mr. Hogan does not have to talk about the rationale now. I understand the process, as does he. What would be helpful to this committee is absolute clarity on the roles and reserved functions of elected members regarding the review. Regarding prescribed bodies, we are familiar with An Taisce as a prescribed body. There are...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Victor Boyhan: Could Mr. Hogan keep the committee informed because it is critically important? These prescribed bodies have been very active in engaging with us in this process and are listening in today so they will want to know. They will be somewhat alarmed so the earlier that is flagged, the better. Some people see prescribed bodies as a target but they have served us well. I am in favour of having...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Victor Boyhan: Would the Department consider dropping it?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Victor Boyhan: I am asking Mr. Hogan whether the Department would consider dropping it. I do not know the rationale. Mr. Hogan is not sharing the rationale behind the Department's decision to include-----

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Victor Boyhan: I ask the Department to consider removing it. We will make a strong case for doing so. Regarding curtailment of outline planning permission, outline planning permission gives a sense of certainty but I understand that small blocks of up to four houses will not be affected by this. I say that in the context of the rural housing guidelines. Despite all the promises, we still do not have...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Victor Boyhan: Will Mr. Hogan explain the rationale behind that?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Victor Boyhan: I know that. I am asking for the rationale for the Department's decision to curtail outline planning permission in certain circumstances.

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