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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Eoin Ó Broin: We had the debate on section 10 and I am not going to reopen it. However, in certain circumstances, there has to be a provision to allow a third party who gets access to the declaration to utilise it. The wording of section 11(2) is too general. It would people if they could just injunct using the section 10 declaration.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Eoin Ó Broin: I would be very worried if it is not. However, that is why the section, as it stands, is not good.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Eoin Ó Broin: There was one other scenario. I appreciate the Minister of State was not here. The Minister, Deputy O'Brien, was here. The scenario, which is a real-life case, relates to a section 5 declaration being submitted to two local authorities beside each other for a development that ran across the boundary of two local authorities. I am pretty sure it was submitted by a utility company. The...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Eoin Ó Broin: Is the Minister of State saying that if a public utility company which has a development, and in this case the wiring and cabling had already been laid, puts in a section 5 declaration and it gets two different answers, if it is not happy with one of those answers it should appeal it to the board?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Eoin Ó Broin: What happens if the board upholds the original decision? If the board likes the decision I appeal, I am hardly going to appeal the other one, which is in my interest.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Eoin Ó Broin: The problem is that it has already happened, so one would have to apply for retention. That is what I am trying to tease out. Without labouring the point, all I am saying is that I think it is an issue that needs some consideration given that it has actually happened.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Eoin Ó Broin: Yes. What I might do is email the officials with the case in point, as that would be instructive.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Eoin Ó Broin: We eagerly await them.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Eoin Ó Broin: I move amendment No. 1 to amendment No. 104: To delete subsection (2) and substitute the following: “(2) Notwithstanding the repeal of section 5 of the Act of 2000, however such appeal be effected, the Act of 2000 shall continue to apply and have effect in relation to a request or appeal under that section made before such repeal, and any declaration made under Section 5 of the Act...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Eoin Ó Broin: I have two additional points. I support Deputy Matthews. Most of us will have in our constituencies old telephone boxes that are no longer used as telephone boxes. Either the structure remains and it is very difficult to get it removed or we have seen a more recent phenomenon of the company that owns the structure not installing a new phone in it or sometimes removing the phones, but...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Eoin Ó Broin: Amendments Nos. 112, 113 and 114 are on separate issues. I will deal with those.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Eoin Ó Broin: One of the things that confused me about this section and took me a while to get my head round, particularly in relation to the discussion we had on a previous section on Environmental Protection Agency licences versus planning permissions, was the question of why we have these as licences rather than permissions. I am interested in finding that out. I can get my head around an exempted...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Eoin Ó Broin: I understand that and I could read that part of the Bill myself. If this is related purely to cables, one might think that there is a licensing process for the laying of the cables. However, there are physical structures here. We have had conversations about some of those earlier. Why do we license those rather than grant them permission. What is the advantage of a licence versus a...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Eoin Ó Broin: Bus stops and bus shelters require planning permission.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Eoin Ó Broin: There are structures. For example, when representatives of Bus Éireann and the National Transport Authority were before the committee they talked about a process whereby they had to apply for planning permission for bus stops on public roads. Why do we license some and grant planning permission for others?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Eoin Ó Broin: It is a more streamlined process.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Eoin Ó Broin: That makes some sense.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Eoin Ó Broin: I have a second question. Can the Minister of State or his officials give an example of an exempted development that, because it is exempted, would not require a licence? I ask so that I am clear about the intent of the two amendments. What is that amendment intended to cover?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Eoin Ó Broin: It was a planning permission exemption.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Eoin Ó Broin: That is why we have given the exemption.

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