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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: My point is that there is nothing new in these provisions, as far as we know, and the current situation is one where millions of euro are being spent on proper reinstatement and the cost is picked up by the public when there is poor practice. That is also unfair to the utilities and companies that put in good practice at considerable cost and do a good job. Others do a poor job and...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: Yes, but the legislation here should be strengthened. It is an area I might return to on Report Stage.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: I move amendment No. 113: In page 54, line 28, to delete “4 weeks” and substitute “6 weeks”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: I move amendment No. 114: In page 54, between lines 30 and 31, to insert the following: “(c) Notwithstanding this subsection, where the licence involves environmental impact assessment or appropriate assessment, no deemed grant of permission shall arise where a planning authority fails to make the decision within the periods referred to in paragraph (b) or (d).”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: I move amendment No. 115: In page 55, to delete lines 19 to 32 and substitute the following: “(9) (a) Any person may appeal the decision by a planning authority of an application for a licence, a continuation of a licence, a condition of a licence, or a revocation of a licence under this section to the Commission, not later than 4 weeks from the date of the publication of the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: I move amendment No. 116: In page 56, to delete lines 27 and 28 and substitute the following: “(V) revoke the licence, or (ii) refuse the licence.”,”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: In the context of putting this into legislation, are we sure that the CSO's language in terms of small areas is not going to change? Should the criteria of what constitutes a BUA not be more specifically defined? Is the definition robust enough? What is the significance of an area being defined as a BUA? Will the Minister of State explain the significance of that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: I will put the question in a slightly different way. The CSO has this definition of BUAs and this is being recognised in the Bill. Is that being done for reasons of convenience? Is it being done to ensure consistency with how the CSO is doing this?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: What is the planning rationale behind BUAs? Is it simply that this is what the CSO does and the Bill and future planning legislation have to be aligned with that? In coming up with this definition, did the CSO have a planning rationale? In relation to amendment No. 124 and the distance of 100 m between dwellings referred to in section 15, is there a planning rationale behind the latter or...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: I am not saying they should be; I am just wondering what is the thinking or that rationale behind this.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: In other words, a settlement where only 49 of 100 dwellings are occupied would have a different planning status from a settlement where 55 out of 60 dwellings are occupied. In terms of good, sustainable planning, I do not know why more could be done in the context of a settlement of 60 dwellings than would be the case with a settlement of 100 dwellings where the occupancy rate is lower.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: I want to ask about the rationale for the review not to be with every census. A key part of what the national planning framework is trying to do is to put in place the framework for meeting the needs of our current population and, indeed, future population. The census, by its very nature, is the best indicator and huge public resources go into it at great expense, together everything else....

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: By not tying it in with each census specifically, however, it almost assumes the census data is likely to be quite stable and that there are not going to be unpredictable changes, given it will be tied in with only every second census. That seems to be quite a wild assumption to make.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: I will not labour this but I might make the point one more time. There is a compelling case, in respect of the data that comes in from each census regarding the population, demographic trends and so on, that each national planning framework would be reviewed each time data from the census becomes available. What is the reason for not doing that as a matter of routine in the legislation? I...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: On the reference to the initial data rather than to the final results, was there a reason for opting for the final results?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: I am proposing this in order that there will be a more comprehensive approach to this to ensure proper consideration of compliance with the maritime spatial planning directive. The draft national marine planning framework had a matrix showing the interactions of about 75 policies and objectives, which clearly showed the complexity in this area. In terms of compliance, having this explicitly...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: My concern is not just about this specific part and this amendment but about things not being explicit in the Bill more generally. It is a 700-page Bill and when people look at it, they will not always look at the supporting legislation, even though they should. If we want to make sure of legal compliance with maritime spatial planning and plans then that needs to be explicit and our...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: The important phrase is "legally compliant" though.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: There are two things this amendment is trying to achieve. First, it is to be more specific in the language. It asks not just to refer to landscape, but landscape features, including hedgerows. The word “landscape” alone will not necessarily cover that in the same detail. It also proposes to add “water resources”, which are a key part of the environment and its...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: The Minister read out the wording of our amendment, which was “archaeological, historic, architectural natural heritage”. He stated that it covers it very well, and I agree. That is our amendment and our wording that the Minister read out and said it covers it very well.

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