Oireachtas Joint and Select Committees
Wednesday, 14 February 2024
Select Committee on Housing, Planning and Local Government
Planning and Development Bill 2023: Committee Stage (Resumed)
Cian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source
Under ministerial amendment No. 26, retrospective consent is defined as “retention permission for development in respect of which an appropriate assessment or an environmental impact assessment is required”. As I was saying, there could be a retention permission for a development in broader areas in breach of EU law, such as the water framework directive. The Minister of State has said this retrospective consent definition does include other breaches beyond appropriate assessments or environmental impact assessments, such as Article 4 of the water framework directive, on the impact on water bodies, or whatever provision. Why is it worded that way if it is broader than that? It is confusing. This is meant to be clear legislation that anyone who picks up will understand. Why is that implied broader definition, which we are told is there, not outlined explicitly?
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