Steven Matthews (Wicklow, Green Party) | Oireachtas source

It is incredibly difficult to discuss this context without knowing what is being proposed. It has created many questions and concerns for us. This is something that needs to be produced in tandem with this Bill, before we go any further with it. I have a few of my own questions as well. I will then bring back in Deputy Ó Broin.

Regarding section 83 of this proposed legislation, relating to the conditions that can be attached to a commission, and specifically section 83(2)(a), which refers to "conditions regulating the development or use of any land or maritime...that adjoins, abuts or is adjacent to the land or maritime site to be developed, and is under the control of the applicant". It is possible to attach a condition to land that is under the control of the applicant.

In the context of someone leasing out a piece of adjoining land, would that still be considered to be under the control of the applicant? In anticipation of a planning application, someone might, for example, seek to lease out adjoining land to somebody for a couple of years, with a horse being put on it or whatever might be used for. In such a case, would that land still be considered to be under the control of the applicant? What I am wondering here is whether the wording should refer to the land being "under the ownership or control" of the applicant. The witnesses might think about this aspect and then respond to me. It is a point that stuck out for me.