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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: I have a quick question, is 0.1 ha the same as is in the existing Act?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: By way of an actual example a planning application for a site off Pearse Street was approved. It has more than ten units of accommodation on a site of that size and has been granted planning and should have Part V. I know it might not happen a lot but it will happen more in our urban areas. I fully accept there is a certain level of units where viability becomes a problem but we now have...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: What page is the Minister of State on?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: Is the Minister of State saying the local authority could refuse to exempt them from Part V on such a site?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: I wish to make a point of clarification. With respect to subsection (3) and the 0.1 ha. I have just checked the details here. The York Road development was originally proposed to be 15 storeys and 48 units. Dublin City Council granted permission for 14 storeys and 35 apartments. Is the Minister of State categorically saying that both under this legislation and, I think, under section 97...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: Particularly in the Ringsend area, knowing the level of social housing, in granting permission for 14 storeys and 35 apartments, which is obviously less than what was sought, I would be genuinely surprised if Dublin City Council would not have sought the 10% Part V which would have been required given when the land was acquired.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: Just to be clear, the officials are telling the Minister of State that the local authority absolutely has discretion to refuse the certificate.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: I move amendment No. 893: In page 403, between lines 28 and 29, to insert the following: “(e) have regard to Ireland’s climate targets as per the Climate Action and Low Carbon Development (Amendment) Act 2021.”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: I move amendment No. 895: In page 403, between lines 33 and 34, to insert the following: “(b) the Local Authority’s own Housing Needs Demand Assessment and any other data that may be available and in the view of the planning authority may be relevant to ensure the housing need assessment is based on the most up to date and detailed data available,”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: I move amendment No. 900: In page 404, between lines 16 and 17, to insert the following: “(l) the distinct existing need, and likely future need, for housing, including social and affordable housing, for Irish speakers in Gaeltacht areas to ensure the viability of Irish as the spoken language of the community, and the need to mitigate the potential negative impact on the use of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: I move amendment No. 901: In page 404, between lines 16 and 17, to insert the following: “(l) any local demand outside Gaeltacht areas for dedicated housing, including social and affordable housing, for Irish speakers to live within a majority Irish-speaking neighbourhood or housing cluster within the area of the development plan, particularly within the vicinity of an Irish medium...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: I move amendment No. 902: In page 404, between lines 17 and 18, to insert the following: “(m) the whole life carbon impact of various types of housing developments.”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: I move amendment No. 904: In page 404, between lines 24 and 25, to insert the following: “(d) whole life carbon emissions associated with the development of under paragraphs (a), (b) and (c),”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: I will be brief. These amendments bring us to Chapter 3, "Amenities". Amendment No. 930 seeks to expand the definition of "amenities" in section 242(1) by including a reference to "its cultural importance to the community or to the nation". Amendment No. 930 seeks to amend section 242(2), which sets out the reasons for the Minister to declare land to be an amenity, by including a reference...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: The proposed insertions are no more nebulous than what is currently provided for in sections 242(1)(a) or 242(1)(b), both of which are incredibly subjective in terms of how they would be determined. Ultimately, these things can be dealt with by way of regulation. While the Minister of State is not accepting the amendments, I assure him that the intention behind them is serious in terms of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: Amendment No. 945 is similar to Deputy Matthews's amendment and to the Labour Party amendment. I am trying to see what the difference is between them.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: I am talking about amendment No. 945. It is a similar amendment to two other amendments in this grouping. Briefly, the intention of amendment No. 941 is to ensure public access to areas of beauty. It should be within the remit of the planning authority to vindicate rights of way or establish new rights of way. That could help. As the Minister of State can see, amendment No. 941 states: ...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: I have two questions to seek clarification. The Land Registry, under the auspices of Tailte Éireann, is where the registration happens. Maybe the Minister of State can outline how a new right of way is created. Who has that function? Many of us have experience of the extinguishing of rights of way, which is a function of local authorities. If somebody wanted to create a new right of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: But local authorities are the vehicles through which new rights of way can be created by way of agreement or CPO. Is that not what the Minister of State is saying?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: So it is a function of local authorities, not Tailte Éireann or the Land Registry.

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