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

This amendment relates to section 106 which deals with decisions of the commission on appeal and refers specifically to subsection (7).

The subsection states:

The Commission shall not have power to grant permission, on appeal from a decision of a planning authority in relation to an application made by the appellant, that— (a) is not substantially the same as the development or proposed development to which that decision relates, or

(b) in the case of an appeal that relates to part only of the development or proposed development to which that decision relates, is not substantially the same ...

I just do not understand how such a circumstance could arise. It could be just that I do not understand the relevant subsection. I am trying to understand what subsection (7) does and how it would arise that the commission would take a decision on appeal for something that is not the same.