Oireachtas Joint and Select Committees

Wednesday, 27 March 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

For the information of members, I am looking at provisions relating to material contraventions. I will table some amendments on Report Stage, so I would be open to hearing members’ rationales for their amendments.

Amendment No. 660 relates to section 106, which deals with the decision of the commission on appeal and proposes the deletion of subsection (7), which Deputy Ó Broin went through. That subsection provides that the commission cannot grant permission on appeal for a development that is not substantially the same as the development that was proposed to the planning authority and was subject to appeal.

This is an important provision and highlights the difference between the commission's appeal role and its decision-making function for direct applications. An appeal of a planning authority decision is not a new application. Generally, when making a decision on a planning application-----

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