Oireachtas Joint and Select Committees

Thursday, 2 March 2023

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Planning and Development Bill 2022: Discussion (Resumed)

Ms Rachel Minch:

With regard to altering and extending planning permission, the ability to alter planning permission is generally welcome and there is provision for public participation if the decision-maker believes it is a material alteration. We are looking closely at retrospective consent. I may have given the wrong statutory reference for the definition earlier. It is section 78 that has the definition. It is potentially very broad. It may require retention for projects that require screening for appropriate assessment. It could funnel an excessive number of retention applications through this very particular process.

With regard to material contraventions to development plans, we are looking at whether it might be of assistance to provide some criteria as to whether something amounts to a material contravention. There are certain drafting aspects. The board can grant permission for a material contravention provided certain criteria are met. There is still a lack of clarity as to whether some or all of the criteria need to be complied with. We can indicate this in our submission.

We are working through the environmental assessment section. One of the points that has been suggested is that we need to look at IROPI.

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