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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: 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.

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

Eoin Ó Broin: Sure, but nobody asked about registration. We are asking about the vindication and creation of rights. Therefore, it is a function of the local authority, but as set out in the sections referred to.

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

Eoin Ó Broin: Sure, but the Minister of State is now saying the process through which new rights of way can be established is a local authority process.

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

Eoin Ó Broin: So that is a "Yes".

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

Eoin Ó Broin: Are we talking about amendment No. 941?

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

Eoin Ó Broin: It is also about working to establish rights of way. I am confused because the Minister of State seems to suggest that the ground on which he is not willing to accept the amendment is that the function is that of another agency, namely Tailte Éireann. The Land Registry, in Tailte Éireann, is just where you register. It holds the register. The amendment proposes that, in working...

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

Eoin Ó Broin: Part of the thinking behind the amendment, as I understand it and bearing in mind that I am speaking on behalf of a party colleague, is that the local authority does not have an express obligation to vindicate a right of way. Therefore, would it not be good, whether in the formula of words in the amendment or a Report Stage amendment, to give local authorities the function to vindicate...

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

Eoin Ó Broin: To take this one step further, if the issue was an ongoing attempt to block access to a right of way, I presume a member of the public who is impacted negatively could make a formal complaint to the planning enforcement authority. Ultimately, would the local authority be empowered under this section to take legal action if such a thing were appropriate? Is it exactly the same as planning...

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

Eoin Ó Broin: I would like a response from the Minister of State on amendment No. 945. It might be the same as the response to the Labour Party amendment as they are very similar.

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

Eoin Ó Broin: I suspect if things being seldom used was a reason for removing some of the Act, we would have large parts of our system removed. If we go back to our conversation on planning enforcement, many areas are seldom used. It is not an argument to get rid of them. Will the Minister of State explain in a little bit more detail why a decision was taken to remove a relatively significant section?...

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

Eoin Ó Broin: I have not finished the question.

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

Eoin Ó Broin: The second part of the question is whether the Minister of State can give reassurance that, having removed landscape conservation areas from the development plan process, consideration of the same thing by another name will even feature in the process? Given that so many other things are going on in a development plan, if it is not a requirement of the legislation, how will it feature? How...

Written Answers — Department of Housing, Planning, and Local Government: Housing Provision (16 Apr 2024)

Eoin Ó Broin: 390. To ask the Minister for Housing, Planning, and Local Government to set out in tabular form the percentage of all in development costs per unit of social or affordable housing paid by his Department to local authorities and Approved Housing for the SHIP, CALF, CAS, AHF, and CREL schemes. [16106/24]

Written Answers — Department of Housing, Planning, and Local Government: Construction Industry (16 Apr 2024)

Eoin Ó Broin: 398. To ask the Minister for Housing, Planning, and Local Government if his Department has undertaken any analysis of likely future trends in construction sector inflation and how it pertains to the funding commitments under the Government housing plan to 2030. [16418/24]

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: I welcome the Minister of State to the select committee's eighth week of deliberations on the Planning and Development Bill. My two amendments are related. They relate to section 348, which deals with the issue of fees for an coimisiún pleanála. What I am trying to do in the amendments is have some set of considerations included in order that the Minister, when approving fees...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: I am not surprised by the answer. Are the Minister of State and his officials absolutely satisfied that by simply replicating the existing regime in terms of the fee-setting mechanism, no individuals or groups who should, by right and by law, have an opportunity to participate in the planning process will be excluded from doing so? Has that been considered in order to ensure that we have a...

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