Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I move amendment No. 6:

In page 27, line 4, to delete "section 34" and substitute "Part III".

As discussed on Committee Stage, the amendments proposed to section 12 at the time were aimed at ensuring that, as a result of the repeal of Part XV of the Planning and Development Act, existing development rights conferred on sites by virtue of an existing grant of permission were not lost, or that persons that had entered into the planning process pursuant of the Part were provided with the opportunity to continue with their application. The amendment proposed and agreed at the time was too specific and did not account for two categories of applications made under Part XV that were intended to be covered.

Amendments Nos. 6 and 7 removed the reference to section 34 of the Planning and Development Act and replace it with a reference to Part III. This not only better reflects the text in subsection (2) and section 255 of the Planning and Development Act but also ensures that strategic infrastructure development permissions are included. This ensures that critical State infrastructure does not lose the benefit of its permission and has to go through the process under the newsection 21.

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