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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: There are some more, but Deputy Matthews has spoken to many of them. We might get the Minister of State to respond to the ones he has spoken to and then return to the remaining ones.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: We will let Deputy Matthews in on those amendments.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: Does Deputy Matthews wish to respond to anything there or does he want to go onto amendment No. 993?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: I move amendment No. 469: In page 126, to delete lines 6 and 7 and substitute the following: “(vi) (I) where the functional area to which the development plan relates includes a Limistéar Pleanála Teanga Gaeltachta or a Baile Seirbhíse Gaeltachta within the Gaeltacht, Roinn na Gaeltachta and Údarás na Gaeltachta, (II) where the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: Yes, I am satisfied.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: I move amendment No. 478: In page 127, between lines 33 and 34, to insert the following: “(vii) (I) where the functional area to which the development plan relates includes a Limistéar Pleanála Teanga Gaeltachta or a Baile Seirbhíse Gaeltachta within the Gaeltacht, any relevant Language Plan agreed pursuant to Acht na Gaeltachta 2012, (II) where the functional area...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: I move amendment No. 482: In page 128, between lines 17 and 18, to insert the following: "(V) (A) where the functional area to which the development plan relates includes a Limistéar Pleanála Teanga Gaeltachta or a Baile Seirbhíse Gaeltachta within the Gaeltacht, any relevant Language Plan agreed pursuant to Acht na Gaeltachta 2012, (B) where the functional area to which...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: I move amendment No. 485: In page 130, to delete lines 14 and 15 and substitute the following: “(vi) (I) where the functional area to which the development plan relates includes a Limistéar Pleanála Teanga Gaeltachta or a Baile Seirbhíse Gaeltachta within the Gaeltacht, Roinn na Gaeltachta and Údarás na Gaeltachta, (II) where the functional area to...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: I move amendment No. 496: In page 136, to delete lines 5 and 6 and substitute the following: "(vi) (I) where the functional area to which the development plan relates includes a Limistéar Pleanála Teanga Gaeltachta or a Baile Seirbhíse Gaeltachta within the Gaeltacht, Roinn na Gaeltachta and Údarás na Gaeltachta, (II) where the functional area to which the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: The key issue here is that under the current legislation local authorities are obliged to provide as part of the development plan process a list of public rights of way, whereas under this Bill they are no longer obliged to list public rights of way. I am not sure if it is section 58 where the change or the weakening of the provisions occurs or if it is elsewhere in the Bill. Could the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: An amendment to the 2000 Act, passed in July 2010, placed a legal obligation on a planning authority to include objectives for the preservation of public rights of way in development plans. This is to be done by "marking them on at least one of the maps forming part of the development plan and by indicating their location on a list appended to the development plan". This is in section...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: My point is that it states “shall” regarding where a planning authority proposes to include a provision in a development plan relating to the preservation of a specific public right of way, whereas the existing legislation places a legal obligation on planning authorities to include objectives for the preservation of public rights of way. That is why it is a dilution of the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: That is the issue.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: It is because section 49(2) states that “a development management statement may include objectives for any of the following”, whereas the existing legislation obliges the local authority to include objectives for the preservation of public rights of way. It is not what is in section 49(2)(g) that is at issue; it is the introductory wording that is of significance.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: This relates to section 49, which is why-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: “Shall” is used in relation to where a planning authority proposes to do this. It is still optional. That is the point.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: Does "during the course of this session" mean this afternoon?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: Will there be a breakdown per local authority?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: The reason I ask is because the Irish Planning Institute raised with me, for example, that in one local authority, only three out of 11 posts in the planning department had been filled. That is relevant to this because if there are only three planners out of 11 posts and there are additional workloads like this, how are they meant to do it? That is the exactly the point of----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: I move amendment No. 502: In page 143, between lines 22 and 23, to insert the following: “(v) (I) where the functional area to which the development plan relates includes a Limistéar Pleanála Teanga Gaeltachta or a Baile Seirbhíse Gaeltachta within the Gaeltacht, any relevant Language Plan agreed pursuant to Acht na Gaeltachta 2012, (II) where the functional...

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