Oireachtas Joint and Select Committees

Tuesday, 5 October 2021

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021

Mr. Eamonn Kelly:

It would indeed. We talked about this earlier. There is no automatic assumption that there necessarily will be remediation but, if there was to be, it would be open to An Bord Pleanála to impose a condition that does exactly what the Deputy just suggested. I do not know if that answers the question. It is entirely open to the board to place such a condition on such a developer. Such developers will have had to come into the system to try to regularise their unauthorised development. They will potentially have had to take on significant costs to remediate what they have done, if remediation conditions are applied. It is not something that any developer should do voluntarily. I know I keep repeating myself but nobody wants to enter a substitute consent process voluntarily because there is a risk that the consent will be refused, meaning that whatever has been built must be removed and that the site must be remediated and returned to the state it was in before anything was built. It is a significant risk that such developers bring upon themselves.

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