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
I presume the answer to my question will be "Yes". Section 128(1) states: "The Commission shall not decide to grant retrospective consent under section 121 (whether subject to conditions or not), unless it is satisfied in accordance with section 132 that exceptional circumstances exist that justify the grant of such consent." Am I right in assuming that section 128(2) also makes it clear that all other regular planning permissions would also have to be met? Not only will the retention application be done on exceptional circumstance grounds but the application will also be judged by what would have been the regular planning criteria by which the application would have been assessed if planning permission had been correctly applied for in the first place. Is that correct and is it set out in section 128(2)?
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