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

Cian O'Callaghan: ...320 applies that was carried out more than 7 years before the commencement of this subsection. Subsection (3) of section 320 refers to: ... unauthorised quarry development or unauthorised peat extraction development in any of the following circumstances: (a) where no permission for the development has been granted and the development commenced after 15 November 2004; (b) where...

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

Cian O'Callaghan: ..., but it is very specific because it does not refer to all draft directions. It is a very specific set of draft directions that only have regard to unauthorised quarry development or unauthorised peat extraction. If it is a standard provision why does it not apply to everything? The Bill is very specifically just putting this provision in with regard to unauthorised quarry development...

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

Cian O'Callaghan: I want to know why the "remedial measures" from section 130(8) are specific to unauthorised quarry development or unauthorised peat extraction.

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

Cian O'Callaghan: ...to section 320(3). Otherwise the former would just link to time limits in general. Why is there this specific seven-year period in relation to unauthorised quarry development or unauthorised peat extraction?

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

Darragh O'Brien: The Deputy is asking why is it specifically related to quarry development and peat extraction.

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

Eoin Ó Broin: ...puts in a complaint but the house is there. The people broke the rules, knowingly or unknowingly, but the house is there. We could have had ten years of very significant illegal quarrying or peat harvesting activity with very significant environmental impacts and if no remediation action is taken those negative impacts could accelerate and deteriorate. To have such a blanket prohibition...

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

Darragh O'Brien: We need to go back to section 320(3) and the reference to unauthorised quarry development or unauthorised peat extraction development. The subsection states: Notwithstanding subsection (1), enforcement action may be commenced at any time in respect of unauthorised quarry development or unauthorised peat extraction development in any of the following circumstances: (a) where no permission...

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

Eoin Ó Broin: However, what section 130(8) does, notwithstanding the fact people can do that and stop the illegal quarrying or peat harvesting, is ensure people are not allowed take action. The key words are "shall not require the taking of remedial [action]". On the one hand, therefore, we are saying there is a tougher enforcement regime because people can go back seven years, but even when they stop...

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

Darragh O'Brien: No, it is not that people are not allowed. Let me just check that, because we have agreed they can go past that for quarries and peat. The Deputy is referring to the passage that states "A direction or draft direction under this section shall not require the taking of remedial measures in relation to a development ...".

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

Cian O'Callaghan: Remediation of unauthorised quarries and unauthorised peat extraction is very important in terms of environmental damage. It can be very difficult to remediate depending on the level of damage done. The concern is about a provision in the Bill that would prevent remedial action being required under section 130 if section 130(8) applies to it. Why have this prohibition? Why not at least...

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

Cian O'Callaghan: ...sort of environmental re-balancing in terms of biodiversity, water tables, etc. That does not necessarily mean that you simply do a full remediation and fill in the quarry. Likewise, unauthorised peat extraction does not mean you come along and restore the entire peat that has been extracted-----

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

Eoin Ó Broin: ...what can be in the enforcement notice, including restoration of land or maritime sites. However, when you read section 130(8) against that, you can see that there is an exception for a quarry or peat extraction site. Here, where the unauthorised development is more than seven years old, no remedial measures can be in that enforcement notice. Does section 130(8) not prohibit remedial...

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

Cian O'Callaghan: ...not just abstract issues. Because of the way that quarries have not been regularised or authorised for so many years, with all of the issues around that, these are highly contested areas, as is peat extraction, as the Minister knows also. I will leave it at that.

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

Darragh O'Brien: ...measures and it is very important that that is set down in primary legislation. This is a very serious issue, unquestionably. All of us are aware of cases, particularly on illegal quarrying and peat extraction. I am more than content that within the Bill, as is presented, that it would and does provide for that under the enforcement notice, which will detail what the remediation or...

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

Cian O'Callaghan: Yes, but there is no seven years before the commencement of the subsection applying to that. For unauthorised quarries and peat extraction, an enforcement notice which issues is not subjected-----