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

The next question then is on section 84(9)(a), which states:

A planning authority or the Commission may, in addition to any condition that it may or is required to attach to a permission in accordance with any other provision of this section, attach to that permission a condition that the person who carries out the development agree points of detail relating to compliance with the permission—

Obviously, the remainder of that subsection, as well as subsections (11), (12) and (13), kind of deals with the outworking of that. Again, is this a current provision or is it new or changed? Could the Minister give us a sense of what we mean by "points of detail"? Does that refer to finer issues around the design, technology used, etc.? In particular, connected to that with respect to subsections (10) and (13), can the Minister of State explain those two subsections in a little bit more detail? Section (13), in particular, states:

Where no agreement is reached and the Commission has not determined the matter within the period of 4 weeks from the expiration of the period referred to in subsection (12), the Commission shall be deemed to have agreed the points of detail as submitted by the person carrying out the development.

I have been asked to clarify points with respect to the development. I have submitted them to the commission. If the commission does not make a decision within four weeks, it is assumed that those points of detail are approved. I am wondering if this is not at risk of creating a bit of an incentive to refuse if the commission has not been able to make an assessment of the conditions by way of resources or whatever. I am interested to hear the Minister of State explain the logic of that.

The four sections in question are 84(6), 84(9), 84(10) and 84(13).

Comments

No comments

Log in or join to post a public comment.