Oireachtas Joint and Select Committees

Wednesday, 27 March 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill: Committee Stage (Resumed)

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

Amendments Nos. 626 and 628 propose to delete sections 84(5)(a) and 84(6) of the Bill, which allow the planning authority or the commission to attach a condition requiring the construction or financing, in whole or in part, of a facility that would be of substantial gain to the community in the area of the development and the provision or financing, in whole or in part, of a service that would be of substantial gain to the community in the area of the development. The amendments maintain the ability to attach a condition for the payment of a contribution in respect of public infrastructure and facilities benefiting the area of the development. I believe the other options of providing a facility or service which would be of substantial gain to the community in lieu of a payment are important to maintain as they allow for flexibility in providing necessary services. They can be better sequenced with the development of the particular scheme and are a practical way of dealing with the need for services to be provided. I, therefore, cannot accept amendments Nos. 626 and 628.

Amendments Nos. 629 and 630 seek to amend the language of section 84(11), which provides for points of details to be deemed to be agreed after an eight-week period has passed and the planning authority has not responded or referred the matter to the commission. The language of these proposed amendments does not include the necessary cross-references to subsection (10) so I cannot accept these amendments. I am of the view that the current language is sufficient.

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