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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: So that I am clear, this is a slightly different explanation to the first one.

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

Eoin Ó Broin: According to the first one commencement seemed to the deciding factor. Just so that I am clear, what the Minister of State is saying is that if the licence gave a period of time-----

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

Eoin Ó Broin: -----within which to commence, if it was not commenced at the point of repeal of the existing legislation and after the enactment of the new legislation, but if it was still within the licence period to commence-----

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

Eoin Ó Broin: Yes. That licence applies irrespective.

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

Eoin Ó Broin: That is my point. This is for clarity as I am conscious there are people outside looking in. Let us say I get a licence for X and that licence has a defined time period.

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

Eoin Ó Broin: Again, just for clarity, if it is with respect to a exempted development commencement is the key issue.

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

Eoin Ó Broin: If it is with respect to a licence to develop, it is the time period of that licence when granted and not commencement.

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

Eoin Ó Broin: Yes and some of this is not even to make a case for or against it, it is just for clarity.

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

Eoin Ó Broin: With respect to my amendment to amendment No. 104-----

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

Eoin Ó Broin: It is, yes.

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

Eoin Ó Broin: I am keen for the Minister of State to fully explain amendment No. 104 and particularly how it pertains to existing section 5 declarations where they are held by first parties or third parties during the transitional period. Will the Minister of State explain whether there is any change to the status and strength of the section 5 declarations during the transitional period under proposed...

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

Eoin Ó Broin: Yes, that is perfect.

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

Eoin Ó Broin: With regard to amendment No. 104, I am seeking certainty that if I am the holder of a section 5 declaration on the day the existing Act is repealed, nothing will change during the transitional period. The declaration I have will have all the same uses and functions-----

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

Eoin Ó Broin: -----within the planning process, such as if the matter ends up in court, for example, whether I am a first party or a third party.

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

Eoin Ó Broin: I know we will not decide on the amendment now. I am interested in the fact the Minister of State said he would come back. He seemed to suggest that the general provisions of the new Part 23 may address the concerns. My issue was whether his amendment did not address my concerns. It seems he is being advised that it does.

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

Eoin Ó Broin: That is reasonable. I have four more questions, but I do not want to hog the floor.

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

Eoin Ó Broin: Again, these are just clarifications. As regards amendment No. 188, am I correct in saying that with respect to any section 28 matter through ministerial guideline, they will be in force until such time as the Minister either repeals them or decides to transpose them into national planning policy statements?

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

Eoin Ó Broin: Amendment No. 1085 relates to funfairs. We will probably not have much fun down in this basement for the next while. I ask the Minister of State to clarify the position with that amendment.

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

Eoin Ó Broin: One of the questions that came up in conversations on the matter was that funfairs or festivals below a threshold of 5,000 people are exempt from the licensing arrangements in the existing Act. There was uncertainty regarding whether it is 5,000 on a single night or over a weekend. That all stays exactly as it currently is.

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

Eoin Ó Broin: Although it is tangential to the amendment, I have never fully understood whether that existing provision relating to 5,000 people is for the entire weekend, in the case of a weekend festival, for example, or for each day of the weekend.

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