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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: I move amendment No. 456: In page 120, line 9, after “Regulator” to insert “and the relevant Regional Assembly”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Just to be clear, provisions that exist elsewhere with respect to protected structures are being added. This is to ensure consistency and to have a better formulation. It informs the Minister and the public.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Amendment No. 468 has been ruled out of order as well, on the same grounds as the previous ones.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Yes. On a small point, the wording of this amendment is identical to other amendments that were ruled out of order. It is the same as the earlier one. It could be an error on the part of the Bills Office that they have not noted it. We will withdraw the amendment and bring it back if necessary.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: I move amendment No. 468: In page 125, line 35, after “inspection” to insert “in both official languages”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: I move amendment No. 470: In page 126, line 7, after “Gaeltachta,” to insert “Foras na Gaeilge, the Minister responsible for the Gaeltacht, Oifig an Choimisinéara Teanga, and any relevant Language Planning Officer,”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: I move amendment No. 472: In page 126, line 31, after “plan” to insert “and its publication in Irish”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Some of these are technical clarifications and others might require a brief discussion. I will rattle through them all and we will deal with them one by one. In section 53(3)(b) there is a period for the OPR to make additional submissions, which is an additional two weeks. Why is the OPR being given more time than others? There is a reference to 22 weeks in section 53(6). One of the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Apologies, but the reason I think that last question might be redundant, from memory, is an amendment was introduced at an earlier stage to amend these paragraphs. Is this paragraph one of those that was amended by the alternate wording? From memory it was but will the Minister of State clarify that so I can be certain?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Apologies. That I know. That was the question I asked. There are different time periods at various stages, so I presume either in the context of the original Act or during the reconsideration of it, a decision was taken to either leave or change those time periods. I am trying to get my head around the particular time periods and if there is a kind of logic or consistency to them. In...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: To be clear with regard to the time periods relating to the OPR, there would have been discussion between officials and the OPR regarding what would be a reasonable time period to do that work.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: With the local authorities would that discussion have been with the County and City Management Association, CCMA, or with the Local Government Management Agency, LGMA?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Specifically on section 53(3)(b), the OPR is getting a bit more time than the Minister and the officials. Is that just reflective of those discussions as to who thinks they can do what within what reasonable period?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: That is very helpful.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: This is not one of the paragraphs that is impacted by one of the earlier groups of amendments.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: This is captured by that earlier group of amendments.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: With regard to this particular section the impact of the amendment does not change the intention, it just clarifies the wording.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: The Bill contains the phrase "A person shall not question the validity". I presume that is questioning the validity in a court of law. It is not necessarily a protection measure against judicial review; it is an attempt to try to focus the scope of potential to judicial reviews.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: If timelines had not been met or if they had been shortened or lengthened, that would not allow someone to legal question what is happening; it would have to be something of a more substantive nature.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: The timelines are set out in statute. Does that mean they are not flexible?

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