Oireachtas Joint and Select Committees

Thursday, 18 April 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

I am conscious we are coming up to 4.15 p.m. Which ones have I got? I have amendments Nos. 1011, 1012, 1014 and 1015. Amendments Nos. 1011 and 1012 refine the section 313 definitions at the start of Part 2, enforcement, with regard to the Maritime Area Regulatory Authority, MARA. In the vast majority of circumstances, maritime enforcement is dealt with by MARA while land-based enforcement, which includes the nearshore, is the responsibility of the planning authority. Amendments Nos. 1011 and 1012 further clarify the enforcement area of both for the avoidance of conflict or confusion. However, in a limited number of cases, it may be more appropriate for MARA to lead the enforcement in such instances. This may include enforcement that is both in the sea and stretching across the nearshore onto land.

Amendment No. 1014 enables MARA and the relevant planning authority to agree in writing that the MARA shall be the enforcement authority in respect of a particular development or proposed development situated or proposed to be situated in the nearshore area of the coastal planning authority, or partly on land and partly in the nearshore area of the coastal planning authority.

Amendment No. 1015 clarifies, for the avoidance of doubt, that an enforcement notice may not be served on a Minister of Government.

I think I have addressed the other amendments. Those are the Government amendments.

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