Oireachtas Joint and Select Committees

Thursday, 18 April 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

Photo of Steven MatthewsSteven Matthews (Wicklow, Green Party) | Oireachtas source

I move amendment No. 1010:

In page 498, between lines 10 and 11, to insert the following: “ “curtilage”, in relation to a dwelling, means an area immediately surrounding or adjacent to the dwelling which is used in conjunction with the dwelling, other than any part of that area that is a public place;

“dwelling” includes—
(a) a building or structure (whether temporary or not) which is constructed or adapted for use as a dwelling and is being so used,

(b) a vehicle or vessel (whether mobile or not) which is constructed or adapted for use a dwelling and is being so used, or

(c) a part of a dwelling;”.

This amendment relates to definitions. It came up in discussion with somebody experienced in enforcement. This seeks to define "curtilage" and "dwelling" in section 313. The definition of "dwelling" exists in various pieces of legislation, and for those working in enforcement to have it all concisely together in this section of the Bill would be helpful and would add clarity. The amendment refers to a vehicle or vessel which is constructed or adapted for use as a dwelling. If somebody were living in a boat in their front garden, it would be hard to apply the definition of "dwelling" to that in terms of enforcement measures. I seek clarification on that.

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