Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

Section 137 provides for material alteration of a permission. If we take that and the phasing piece, I do not see any reason one would not be able to do that. Section 137(1) states:

(a) make the alteration, or grant the extension, subject to such conditions (if any) as may be imposed under section 84,

(b) make the alteration or grant the extension, subject to such modifications to the terms of the alteration or to the duration of the extension, as the case may be, as the deciding authority considers appropriate, and such conditions (if any) as maybe imposed under section 84, or

(c) refuse to make the alteration or grant the extension.

If we go back to our discussion earlier about phasing in section 165, the Deputy is asking whether that section could be used. It would have to be more than ten houses but it could be used, yes.