Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

Amendments Nos. 993 and 996 propose to replace "may" with "shall" in relation to section 283 regarding urgent notice required for works to be carried out. I understand the intention to increase the impetus in such situations but it is important to carefully consider the use of the word "shall", which is legally binding, in instances where the planning authority has to determine an issue and weigh up the most appropriate course of action. By replacing "may" with "shall" we remove the agency of the planning authority and legally bind it to one course of action. In the instance cited, it may be more appropriate to utilise a different form of enforcement, an avenue that would be closed off through the implementation of these amendments. Therefore, I cannot accept amendments Nos. 993 and 996..