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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: That is perfect. I thank the Minister.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: I just want to explain the rationale. Putting some of that on the public record is very helpful for clarity because not everybody gets access to those documents. I thank the Minister for that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: I invite the Minister to explain section 114(1)(a). Section 114(1) states: A person who is eligible to apply, and intends to apply, for permission for Chapter 4 development (in this Chapter referred to as a “prospective applicant”)- (a) except where the development is Chapter 4 State authority emergency development, shall request a consultation with the Commission under this...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: That is something that is not available for things that do not fall under State authority emergency development.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: I have a few questions on the section.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: I have three questions and I will go through them together. Section 116 contains a provision request for a meeting where certain aspects of a proposed development is not confirmed. Will the Minister explain exactly what this provision is? From my reading of it, it is a new provision but correct me if I am wrong. I want to get a sense of what kinds of aspects of the proposed development...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: It is section 116(9), apologies. A request, document or record kept in accordance with subsection (8) shall be published and made available to the public, in such manner as may be prescribed, not later than 3 days from the day on which the Commission receives an application for permission for the proposed development concerned. When the Minister talks about documents or records will he...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: That seems to be a very good idea. I am interested to know about it because it seems to be a new approach. We previously had discussions about preplanning applications, pre-meetings and public access to documents. That seems to be what this is. Am I correct in that?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: Perfect.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: The second-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: That is clear from section 116(2)(b)(i). Section 116(2)(b)(ii) then goes beyond that stating "circumstances relating to any particular class of development as may be prescribed." Obviously, that means they would have to be prescribed in legislation but what kind of other circumstances is it envisaged would be in those regulations at this point?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: The generality of this is about the design envelope issue. Obviously, we will come to that in section 117 as well. This is to give flexibility beyond that, should the circumstances arise. Is the Minister saying that at this point in time there are not necessarily circumstances that would fit that, but who knows what may happen in the future?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: Okay.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: This continues the conversation about the design envelope. The particular thing is on page 244, section 117(2)(a), which refers to section 117(1)(a). This states: "If the Commission is satisfied that would be appropriate for the application referred to in subsection (1) of that section to be made before the confirmation of all aspects of the proposed development concerned, it shall provide...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: That sounds very sensible. Is this a process that exists anywhere else in our planning system or is it just innovation specific to this area?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: Okay, so under the existing LRD provision there is something not dissimilar to that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: Again, I am not arguing against it; I just want to get clarity. Traditionally, with preplanning there would not necessarily be an opinion or a guide. We now have LRD and these provisions, which are obviously predominantly for wind and offshore wind, but not exclusively. Is that in recognition of whether it is large-scale residential development because of the importance of the housing...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: Again, this is not an argument against it. I presume this is a recognition of the importance of wind and offshore wind, the developing technology, and the need to get the design envelope flexibility correct. I do not mean that they are getting preferential treatment, because they are not, but they are getting a bit of the planning process as LRD.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: Perfect.

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