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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Niall Collins: No. The planning authority receives the submissions and the chief executive officer prepares his or her report, summarises the submissions and makes a recommendation regarding the written submissions received. As is normal with standing orders of local authorities, agendas are drawn up and circulated. The chief executive officer's report is also circulated. Members have an opportunity to...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Niall Collins: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Niall Collins: Amendment No. 477 relates to section 54 and the interim report on the implementation of the development plan to be provided by the chief executive of a planning authority to its elected members. The amendment seeks to insert a new subsection to require that the chief executive must consult the elected members, prescribed bodies and the public on the content of an interim implementation...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Niall Collins: We want to see the plans implemented and not be in a constant rolling process of making and creating plans. It says that the chief executive will review implementation not earlier than four years but not later than five years. It will start in year four. Similarly, both Deputies will be well aware that it is open to the members of the local authority to make a variation to their own plan...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Niall Collins: There is also an annual local authority report.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Niall Collins: I thank Deputy Matthews. There is merit in what he says and in the requirement, so we would like to review and consider the matter further, particularly with regard to whether there are any practical ramifications that may result from its inclusion which could inadvertently undermine the basis of a particular development plan. If appropriate, we will bring back an amendment on Report Stage.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Niall Collins: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Niall Collins: Amendment No. 501 concerns section 60 and the new procedure enabling the timely variation of a development plan to make it materially consistent with a new or amended national planning statement where the Office of the Planning Regulator has informed the planning authority under section 59 that it is satisfied with the steps proposed by the planning authority. In this context, the chief...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Niall Collins: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Niall Collins: Chief executives carry out their own screening assessment but they would take account of what the Minister says in his assessment.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Niall Collins: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Niall Collins: An example of two local authorities co-operating would be co-ordinating a development on zoning across two local authority boundaries. Reference is made to “specified matters”, which would obviously be on a case-by-case basis. Any matter specified by the Minister would be on a case-by-case basis. Anything general would be like the example I have given the Deputy of zoning...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Niall Collins: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Niall Collins: No, I am advised that this is solely to do with what is stated in 40(7)(b). It is basically for the co-ordinating of development plans for their functional areas. Boundaries are a different matter.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Niall Collins: It would be determined under the UDZ provisions.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Niall Collins: It is for where they are not complying with the Minister's directions. If the Minister, as all Ministers do in the ordinary course of events, gives directions, and if the local authority does not comply with them, it gives the Minister the option to go to the High Court.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Niall Collins: It is a last resort.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Niall Collins: It is because it is being co-ordinated between two local authorities.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Niall Collins: It is a last resort. One local authority may be complying but the other may not be complying.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Niall Collins: Yes.

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