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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: They will be incorporated into the national planning statement.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: In simple terms, the section 28 guidelines will stay in existence until the Minister, whoever that is, decides to bring forward the national planning statement. They will then effectively supersede the section 28 guidelines. That said, guidelines will also be issued with the national planning statement.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: They cover the preservation objectives. It is the same principle as the section 28 guidelines. They will continue until such time as they are replaced by ministerial statement, and it will be up to the Minister of the day to decide on that matter. Whatever is there at the moment will continue.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Any guidelines that are there, whether section 28 or section 52, will remain in place until a Minister decides to bring forward a national planning statement. We will have a look at this before Report Stage to see whether we need to provide more clarity on that area in the legislation in the interests of certainty. The guidelines will continue. Nothing will change until a national planning...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: In what sense?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: No.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: I can provide a bit of comfort, going back to Deputy O'Callaghan's point. Section 24 deals with considerations for the issuance of the national planning statement. Section 24(1) reads: In deciding to issue and in formulating or amending a National Planning Statement under section 23, the Minister shall have regard to the desirability of setting out policy and providing guidance in...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Ultimately, the objective is to incorporate what is in the guidelines into national planning statements and improve consistency in their application. We will look at amendment No. 188 and come back with an amendment on Report Stage.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: There is one other matter. If the guidelines are not incorporated in the national planning statement, the guidelines continue in force.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Can we come back on that?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: We will have to, dare I say, do a little bit of tweaking with amendment No. 188. We will come back and provide more clarity.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: The point the Deputy is making, regarding what is there at the moment, is that he wants to ensure with the guidelines and the process that protected structures continue to be protected. We will come back on amendment No. 188 and give more clarity around that area as well.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Does the Cathaoirleach want me to speak about amendment No. 500?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Amendment No. 529 is from Deputy Ó Broin and his colleagues.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: It is very much up to the local authority but we will be encouraging local authorities in that regard. That is one such area. Anything like a planning application that is in train at the moment will be assessed under the 2000 Act. The one area which will provide change is the tiered system. If one has a development plan for a local authority and that development plan comes up for review...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: I will repeat the note on it and then we can go back on it. Amendment No. 61 can be considered supplemental to amendment No. 1002 as it provides that where development has commenced in respect of a notice issued under subsection (1) of section 59 or subsection (2) of section 60 of the Act of 2000, the development will be exempted development for the purposes of the enacted Bill, once the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: We can look at amendment No. 188 again and provide that level of certainty on the timing in that specific national planning statement. Second, the intention is that the national planning statements are-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Amendment No. 529 is tabled by Deputies Ó Broin, Gould, Ó Snodaigh, Boyd Barrett, Bríd Smith, Gino Kenny and Cian O’Callaghan. It relates to section 66 of the Bill and the transitional arrangements for a development plan made under the Planning and Development Act 2000 so that it continues in force following the repeal of that Act. Under section 66(3), the Minister of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: There are always unforeseen issues.

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