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)

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

The Minister's explanation is helpful. So section 317(2)(d) is the planning authority enforcement section. That is the enforcement section of the local authority. Section 130(8) involves the commission in terms of applications for retrospective consent. It seems that the Government wants section 317(2)(d), as do we. Then section 130(8) needs to removed. Obviously, the Minister needs to get clarification about it but my concern is that if it is not removed, there is legal ambiguity in the text between the enforcement notice and the commission's directions in terms of the substitute consent that could give rise to legal action. I appreciate the Minister is saying he wants to get clarification on it and if we could get a note, that would be great but there does seem to be a real conflict between those two.

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