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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: When we were dealing with some of the original legislation, as the Minister of State will remember, we had very lengthy discussions around these things. Depending on how high or how deep they are, the types of development, or indeed unauthorised development, change significantly. I ask the Minister of State to confirm that in amendment No. 33, nothing has been omitted or left out from the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: Amendment No. 33.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: I am not being awkward, but the Minister of State just said there is no definition, but it is a defined area. How can a-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: Who gets to define how high over or how deep under it is? If this is to do with granting development or making decisions on unauthorised development, surely that is important.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: We will not get to amendment No. 11.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: We are not going to-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: I have an outstanding request. I ask the Minister of State to clarify that under amendment No. 33, nothing has been omitted or excluded from the earlier definitions.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: That is my question. If I understood the Minister of State's original speaking note, amendment No. 33 removes a previous set of definitions around unauthorised development and there is a new set.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: What I want the Minister of State to confirm, on the record, is that the new set does not remove or omit anything that was covered by the previous definitions, and that everything that was previously covered is covered. The language of it is different, and there might be some new areas covered.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: I ask the Minister of State to explain amendment No. 585 in a bit more detail. I know we will get to Chapter 6 later, but given that we are all new to this it might help if the Minister of State is able to give us a bit more detail on Chapter 6, State authority emergency development, in the context of this amendment.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: Yes. The ministerial amendment No. 585 deletes the following: "(d) proposed Chapter 6 State authority emergency development in respect of which the State authority concerned is required to comply with sections 152 and 154." Section 152, on page 290, refers to a "Public notification procedure". Section 154, on page 294, refers to "Confirmation by State authority". First, it would be...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: Again, I am reading the two relevant sections which would no longer apply. Section 154, on confirmation by State authority, includes, for example, "notify the planning authority within whose functional area it is proposed to carry out the development concerned" and "notify each person who made a submission in respect of the proposed development". Without going into the details, we had a...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: For example.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: So I am clear, building and fire safety regulations apply completely, as they should. Essentially, what is being removed is any public participation. Why was it in there in the first place? It would seem to me that there is a certain rationale to what has been proposed. I just do not know why it was put in the Bill initially and why it is then being removed. Was it an error?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: Did somebody at one stage make a case that it should be there and then a case was made that it should be removed?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: I ask because it is quite a big change.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: I have three other queries that I wish to get clarified.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: Amendment No. 918 will delete the "certificate" definition, and I am wondering about the purpose of that. The definition states, "A person may, before applying for permission in respect of a development ... apply to the planning authority concerned for a certificate stating that this Chapter shall not apply to a grant of permission in respect of the development concerned". Will the Minister...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: Is that because the definition is provided elsewhere in the text?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: Turning to amendments Nos. 957 and 958-----

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