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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (5 Mar 2024)

Cian O'Callaghan: I move amendment No. 136: In page 60, between lines 37 and 38, to insert the following:“(g)supporting the protection and enhancement of biodiversity.”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (5 Mar 2024)

Cian O'Callaghan: I move amendment No. 137: In page 60, between lines 37 and 38, to insert the following: “(g) (i) supporting the implementation of language plans in Limistéir Phleanála Teanga Ghaeltachta and in Bailte Seirbhíse Gaeltachta within the Gaeltacht, pursuant to Acht na Gaeltachta 2012, (ii)supporting the implementation of language plans in Bailte Seirbhíse...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Cian O'Callaghan: This is to make an insertion in page 63 between lines 4 and 5. There is wording relating to Northern Ireland which reads "any Department or body in Northern Ireland having responsibility for regional development". However, as Deputy Ó Broin has said, transboundary development not necessarily connected with Northern Ireland could have impacts and this needs to be covered. We spoke to...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Cian O'Callaghan: On section 215 and transboundary environmental impacts, the section says specifically that “the Minister may prescribe arrangements for”, and I will spare everyone from reading it all, but it repeatedly refers to “applications for permission” for development. We are talking about the national planning framework and not planning applications for development. They...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Cian O'Callaghan: My question about section 215 was about applications for permissions not about the national planning framework. Will the Minister of State tell us how he feels section 215 is particularly relevant to the national planning framework because I cannot see any mention in section 215 of the national planning framework or of anything similar?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Cian O'Callaghan: Then on section 21(3), I raised the point that in order to be consistent with the Strategic Environment Assessment, SEA, Directive, article 7 would be much better to have this explicit in the legislation. The point has been made before. There are 700 pages here. If things are buried and not comprehensively dealt with here then the chances of them getting missed increases significantly....

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Cian O'Callaghan: The point I am making, though, is that section 21(2) lays out the structure in the legislation for making provision for public consultation. It is listed in (a) to (j) but the transboundary issue that we are raising is not in the list. Why have a list of (a) to (j) but have the transboundary issue buried as an implicit obligation under section 21(3)? An invisible, implicit obligation.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Cian O'Callaghan: It is an important amendment. Learning comes from the process of getting feedback on submissions. People who engage in a public consultation process need to see what consideration has been given. If it has not been accepted, why? It may not have been accepted because it is not relevant to the process, for example, or because of some other policy objective. Over time, there is much...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Cian O'Callaghan: It would definitely be preferable if it was in the legislation because it is so important to the process. The phrase “shall have regard to” does not necessarily cover that level of practice. Obviously the work is being done internally and the submissions will be considered. However, it would be an improvement if the legislation recognised the need for feedback to be given out...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Cian O'Callaghan: I have, yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Cian O'Callaghan: And on what I said as well.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Cian O'Callaghan: I do not want to get into a lengthy discussion about committees and legislation. We have had long discussions around "may" and "shall". We all understand the implications of it. If the Government considers plans or documents to be relevant and appropriate, it is hard to understand why the legal obligation would just be "may". There is a huge amount of discretion anyway in that the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Cian O'Callaghan: I take the point that there are certain areas that could be added to the list or, indeed, it could be “all Oireachtas committees”, although perhaps not some of the committees that are not listed here. I accept that all of them could have a perspective on it. In terms of the Bill overall, there is a whole range of issues that are ongoing and that affect people in local...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Cian O'Callaghan: It is not obvious and, as Deputy Boyd Barrett said, to be compliant with that could mean an email or a letter to every Member of the Oireachtas to say “This is happening if you want to submit any views.” While there is a use to that, it is very different from a structured approach or engagement with the Oireachtas committees. Members of Oireachtas are inundated with different...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Cian O'Callaghan: Amendment No. 174 is an amendment to line 33, which states: In page 63, line 33, after “prescribed.” to insert the following: “Such prescribed documents shall include at least information on the following: (a) current information on current and projected population and demographics, including on net-migration and inward migration, coastal and flood related retreats,...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Cian O'Callaghan: Yes. This is an amendment to section 22(2) of the Bill.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Cian O'Callaghan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Cian O'Callaghan: It follows on from the discussion we were just having. Some of the issues here are listed in the amendment. They are things like "coastal and flood related retreats", "biodiversity loss", "greenhouse gas emissions", "air quality" and "water quality". They are highly relevant and very important. Maybe it is already an intention of the Minister to ensure that all these are prescribed, but,...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Cian O'Callaghan: Just to reflect health and well-being and that being dealt with through guidance being issued, there is nothing in this amendment to stop guidance being issued in those areas. This amendment is about review of the national planning framework and what documents should be-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Cian O'Callaghan: Okay but what we seek to try to do in the amendment, because we feel these areas are so important, is to make sure it is in the legislation. I appreciate it could be done by guidance but a lot of things could be done by guidance and we are trying to have this not be a matter of discretion. We are trying to have it as a statutory obligation.

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