Oireachtas Joint and Select Committees

Wednesday, 21 February 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

I have the floor now. The reality is that a permission relates to the actual use. That is what planning permission is about. It considers the use for a building and that is clear. Emissions and matters relating, as I have detailed already in my answer, are a wholly separate matter. Permission relates to use and that is clear. If the Deputy wants a note on the issue, I will get him one and if he does not, I will not. I am explaining the rationale and genuinely saying to the Deputy that the clear advice we have got is that it is not appropriate for that to be there because it crosses over with two previous pieces of legislation that are in place, those being the Environmental Protection Act 1992 and the Waste Management Act 1996. I must have regard to that advice. All of us understand that a permission relates to use and what can be done in a building. Emissions are a separate matter and I think that is clear. It should be clear to all. That is the rationale. I am trying to be helpful. I get the Deputy's point. I have not said I am going to give the Deputy numerous notes. We have explained our rationale. I am trying to assist in this regard and see if we can refine the advice we got to try to help the Deputy's understanding of what I am putting forward. That is fine and it is to help the Deputy's understanding but I have outlined here what the position is.

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