Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

Amendment No. 212 seeks to remove section 139(1)(c) completely and amendment No. 215 seeks to insert an additional clause in section 139 to the effect that the MARA may suspend automatic termination to facilitate the new application. These proposals have been somewhat superseded by amendments Nos. 211 and 214. I have to oppose both amendments on foot of this. The provisions are required to provide a definitive endpoint to the process. Refusal of planning permission application is the appropriate endpoint. A new MAC application will have to be made to facilitate a new planning application. MARA must have the opportunity to reassess circumstances as the refusal of planning permission may occur some years after the MAC grant and the world may have moved on significantly. Failure to secure planning permission would be strong evidence that the MAC holder does not have the required technical capabilities to complete the project.

This provision is intended to disincentivise commercially driven risk taken of the kind we have seen on land where the developer may apply for significantly more than the receiving environment can bear. It would also be necessary to avoid land-hoarding or "zombie" MACs. We want serious applicants to make good quality applications, in good time, to deliver sustainable development and the Bill is designed to drive that behaviour. In light of these explanations, I hope that Deputy Higgins may consider withdrawing her amendments.