Oireachtas Joint and Select Committees

Tuesday, 5 October 2021

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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May I ask for clarification? If, in the case of a substitute consent application, conditions are applied, including a requirement to remediate, and if there is a parallel application made directly to the board for a planning application to expand the operations, would it be possible to apply a condition specifying that the grant of permission to expand operations cannot be activated until that remediation is carried out in full? The concern is that somebody could break the rules and carry out unauthorised development, causing significant environmental and community damage. This person could get substitute consent, even if it includes conditions in respect of remediation, but would also get to expand his or her business. As a result of the enforcement of those conditions being so weak, this person could delay the remediation while ploughing ahead with the expansion of the business. Surely that would be terribly unfair and unjust from the perspectives of both planning and natural justice.