Oireachtas Joint and Select Committees

Thursday, 9 March 2023

Joint Oireachtas Committee on Housing, Planning and Local Government

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

Ms Claragh Mulhern:

I refer to some comments made previously. The Minister and the Department cannot get directly involved in any matter that concerns the planning authority or, indeed, the board if it is an appeal under section 30. It is a matter for the local authority to weigh up in its assessment of the application. It that particular case, it is to do with the management and operation of the development after it has been constructed. The local authority would need to give consideration to that and we are not able to comment on whether it is or is not enforceable. In terms of the position in the legislation and the guidance that has been issued, it is essential that there are tests that conditions must meet in order to be reasonable and enforceable. That is as much as we can say here today unfortunately. We cannot comment on specific cases.

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