Oireachtas Joint and Select Committees
Wednesday, 10 April 2024
Select Committee on Housing, Planning and Local Government
Planning and Development Bill 2023: Committee Stage (Resumed)
Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source
My next question was the subject of discussion previously. I ask the Minister to clarify something. The Cathaoirleach will remember this particular question, which I do not believe has been clarified yet. Section 126(3)(a) states:
Where a person applies under this Chapter for retrospective consent for development, that person may also include in the application an application for permission for the following: (i) other development on the same land or maritime site on which the development that is the subject of the application for retrospective consent is situated;
If the Minister remembers, when we were dealing with this consent legislation I raised a scenario involving someone who has an unauthorised development, which may have been done deliberately or it may have been done without their knowledge and, as such, may not be the person's fault. There is, however, an unauthorised development and an application has been made for substitute consent or what we are now calling retrospective consent to regularise it. The person is now also allowed to apply for new development on that site, which typically would be related to the activity in which the persons is already involved. Are they two separate decisions? Is the decision to regularise the substitute consent, or now retrospective consent, given first or is the decision on the new proposed development conditional? What is the relationship between those two decisions? The Cathaoirleach will remember the discussion on this. It would be helpful to clarify it.
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