Oireachtas Joint and Select Committees

Thursday, 22 February 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

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

It took me a few times to read this. I was trying to figure out the difference between 11(1) and 11(2). It is hard to see on a quick read. It is down to one word, as I see it. Section 11(1) refers to "relevant proceedings", which is defined towards the end of section 11, whereas section 11(2) refers to "any proceedings". While that is a small word, it is a significant difference because "relevant proceedings", as defined at the end of section 11, means:

(a) proceedings for an offence under section 314 or 317, or

(b) proceedings under section 318.

Section 314 relates to an offence of unauthorised development, section 317 is about enforcement notices, and section 318 is about planning injunctions relating to unauthorised developments. The difference is that section 11(1) is basically saying a relevant declaration is conclusive evidence unless the person provided false information-----

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