Oireachtas Joint and Select Committees

Tuesday, 16 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

With respect, I do not think the point the Minister of State made about section 160(10)(d) addresses my question. As I read it, the reference there is almost like a parent company and the individuals involved in it set up subsidiary companies, again using designated activity companies. Therefore, clearly, that is the case if a parent company can be shown either to be related to the individual DAC or has control of it, but the circumstance I am talking about is very different and much more common. It is where there is not a parent company but what you get is a group of individuals who form a designated activity company and they engage in breaches of planning and building control. When that development is finished or even in cases where it is not finished, they just dissolve the DAC and some or all of those individuals form a new DAC. My question is about the directors, not a parent company, a controlling company or a company with a relationship. Is it possible under this provision, for example, if Eoin Ó Broin has a designated activity company called "Ó Broin Limited" but previously had a company called "Eoin Limited" and it was in breach of this section in the planning application, as "Ó Broin DAC", as it is now called, could I then be prevented from being granted planning permission under this procedure? If so, could the Minister of State point out to me where that provision is in this section?

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