Oireachtas Joint and Select Committees

Tuesday, 27 February 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

It is where a developer is using a section 10 declaration to defend against an enforcement action. The hope here is that if this provision becomes law, a local authority would not proceed with such a legal action if it knew there was a section 10 declaration held by the developer saying that the particular development was exempt. Is that not the case? The local authority would know that would be conclusive evidence of the matter, as is stated in the section.

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