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

A section 10 declaration is presumably the local authority carrying out its functions as a planning authority whereas this section seems to be prohibiting what it can do as an enforcement authority. What is the rationale for narrowing down what it can do as an enforcement authority based on what it has done as a planning authority in a section 10 declaration? It has a slightly different set of responsibilities as an enforcement authority compared with being a planning authority. What is the rationale for doing this given that a section 10 declaration does not have the full process a planning decision would have to give it this absolute conclusiveness and when not all the relevant information may have been available at the time of decision, when third party rights are excluded, and that might be fixed? It seems to be a significant change to the existing legislation. What is the rationale for it?

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