Cian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

I move amendment No. 35:

In page 9, line 29, after “(a),” to insert “not”.

I will speak to amendments Nos. 35 and 42 together because they are related. My concern is that this part of the Bill will have the effect of tying the hands of the local authority, or planning authority, regarding decisions that have already been made through the SHD process. I am referring to where there have been mistakes made regarding permissions granted, difficulties with unviable planning permissions, or densities and heights that are simply not viable but that may confer a speculative value on land. The relevant sections of the Bill will tie the hands of local authorities and they will be prevented from making substantial differences if they have a good rationale for doing so where someone comes in for modifications regarding existing planning permissions or whatever. If the change I am looking for were made, it would not mean a planning authority could simply, for no reason, seek significant changes. The language of the Bill, as it stands, would tie the hands of a local authority where it has a good planning rationale, where it is conceded that there has been a lack in certain respects, where a permission has not resulted in building out over several years, where a permission is not viable although housing is needed in the relevant area, and where significant changes may be needed. My fear is that the legislation ties the hands of the local authority, the planning authority. I am trying to prevent this.