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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Cian O'Callaghan: There is a very limited role for councillors at, for example, the regional assembly level. This whole process allows the Minister to issue national planning-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Cian O'Callaghan: I understand that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Cian O'Callaghan: If they disagree, all the cards lie with the Minister and the OPR.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Cian O'Callaghan: My point is that there is not equal power here. The roles are not equal by any stretch of the imagination. Most of the power lies with the Minister and the OPR. That is why the safeguards around the role of the OPR are important. The point is well made. The legislation must be robust enough not just for situations where diligent people are in the role and doing everything as they should....

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Cian O'Callaghan: That is absolutely the case but the legislation must cater, as it must for An Bord Pleanála, for instances where that may not be the case in the future. That is the point.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Cian O'Callaghan: I move amendment No. 286: In page 88, between lines 13 and 14, to insert the following: (d)(i)where the region includes a Limistéar Pleanála Teanga Gaeltachta or a Baile Seirbhíse Gaeltachta within the Gaeltacht, any relevant Language Plan agreed pursuant to Acht na Gaeltachta 2012, (ii) where the region includes a Baile Seirbhíse Gaeltachta outside the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Cian O'Callaghan: I move amendment No. 288: In page 89, between lines 11 and 12, to insert the following: “(iv) (I) where the region includes a Limistéar Pleanála Teanga Gaeltachta or a Baile Seirbhíse Gaeltachta within the Gaeltacht, any relevant Language Plan agreed pursuant to Acht na Gaeltachta 2012, (II) where the region includes a Baile Seirbhíse Gaeltachta outside the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Cian O'Callaghan: I move amendment No. 292: In page 91, between lines 34 and 35, to insert the following: “(vi) (I) where the region includes a Limistéar Pleanála Teanga Gaeltachta or a Baile Seirbhíse Gaeltachta within the Gaeltacht, Roinn na Gaeltachta and Údarás na Gaeltachta, (II) where the region includes a Baile Seirbhíse Gaeltachta outside the Gaeltacht or a...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Cian O'Callaghan: On the point about the wording as to why an applicant would consent to an extension, my read of what the Minister of State has said is that it could be in the applicant's interest to consent to an extension because it could result in a decision that would be more favourable to the applicant. If the planning authority asks if the applicant will consent to an extension and the applicant feels...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Cian O'Callaghan: I have a follow up-question to that. From what I see in my local area, the larger, more complex applications almost always get additional information requests from the planning authority. Maybe sometimes there is an outright refusal or something, but nearly always there are additional information requests on the larger, more complex planning applications. There is a lot more work in them...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Cian O'Callaghan: Could this be used in addition to additional information for quite complex-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Cian O'Callaghan: The Minister of State said the small extension of time is to make a decision and it is not to look for further information. When the local authority or planning authority makes a decision, it is to grant, refuse or look for further information. That is its decision.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Cian O'Callaghan: That is the standard. While it might not be the intention of the Minister of State to use this to have an additional four weeks, there is nothing in the legislation to stop an authority getting an extra four weeks and then the decision it could make at the end of 12 weeks since the application was made would be to seek further information.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Cian O'Callaghan: The legislation states it is the final decision so it cannot make a further decision.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Cian O'Callaghan: There is certainly a view that sometimes planning authorities ask for further information because they are not ready to make a decision but that is not being addressed in this.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Cian O'Callaghan: I have no issue with the OPR doing a summary. It should do a summary. That is good practice. I have no issue with the summary going to the Minister and the Minister reading the summary. All of that is fine. The issue is the legislation will not require the Minister to consider the submissions made, if these amendments go through. It only obliges the Minister to consider the summary...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Cian O'Callaghan: The concern I have still stands.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Cian O'Callaghan: Most of the power in this process from the national planning statements being issued is with the Minister. Most of the power in this process lies with the Minister or the OPR. There is very little for the Oireachtas or the regional assemblies in it; most of the power lies elsewhere. The Minister of State has explained very well how diligently and thoroughly he goes through these.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Cian O'Callaghan: No.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Cian O'Callaghan: We all have seen cases over the years of very poor planning and poor planning outcomes when there has been competition between local authorities. I will not name those local authorities, although perhaps I should do so. There are local authorities that have given planning permission right on the border of the jurisdiction of their neighbouring local authority in ways that undermine the...

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