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)
Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source
We will look at it. I do not believe there will be a conflict by the time we will have gone through it. Section 131(3) states:
Where the Commission decides under section 121 to refuse to grant retrospective consent (other than on the basis that retrospective consent is not required) the development concerned shall, notwithstanding any other provision in this Act, be deemed to be unauthorised development and the appropriate planning authority shall, as soon as may be after receipt of a copy of the decision to refuse consent from the Commission, serve an enforcement notice under section 317 in relation to the development.
That links it to the enforcement notice piece we have been talking about in section 317(2)(d). I will also take from this that while this is neither the intention nor the way in which it should be read, I can see how it could be read that way.
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