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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: Will the Minister of State explain the rationale for amendment No. 749 in detail? There seems to be an issue with it in terms of the relevant period and that being four weeks, regardless of whether or not additional information is received. Will the Minister of State explain about the four weeks? If additional information is received, is more time not allocated then? I may be misreading it...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: Regarding clarity in this section, if additional information is received, is it still only four weeks?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: If additional information is received, is more time not required to deal with it?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: I want to be helpful, but I am having difficulty understanding this because of all the different subsections and the way it is written. I know the amendment is trying to clear it up. For the benefit of everyone, will the Minister of State explain what this amendment actually means in terms of additional information? If we look at section 138(3)(b)-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: Sure, and we might just get a summation then on the public record.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: I thank the Minister of State for the clarification. Section 140(15)(a)(iv) states, "where more than one of the foregoing provisions of this paragraph applies, the period specified in those provisions that expires last,". With this amendment, some of those foregoing provisions are taken out. Is it referencing the foregoing provisions in 140(15)(a)(i) and (ii)?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: Okay. Amendment No. 750 is effectively a repeat amendment of amendment No. 749. Is that correct?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: It is similar to amendment No. 749, is it?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: Sorry, it is connected to it. Is that correct?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: What is the purpose of amendment No. 750? It seeks to delete the words "to the request or requests concerned". After these amendments, section 140(15)(a)(iii) would read, "where subsection (3) of section 138 applies, 4 weeks from the date of the expiration ...".

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: Four weeks applies from the date of expiration.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: That is what we were saying before. Therefore, four weeks would apply after this. Amendment No. 751 states: "In page 277, lines 20 and 21, to delete “the planning authority makes one or more than one such request under subsection (2) of section 138 and”." Does that mean that when information is received, a longer period applies or is it just four weeks?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: Therefore, it is not a longer period.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: Is it eight weeks with this amendment or was it eight weeks anyway?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: I have a question on section 140(8)(b) regarding the fines for planning authorities. How were the sums for these fines arrived at?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: Therefore, it is the same as the 2000 Act.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: Is there any evidence that fines of this manner work and are effective?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: They are not regularly utilised.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: Are they necessary if they are not regularly utilised?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: My question is how effective fines on a public body, one that collects local property tax and collects rates, are. Ultimately if these fines are paid out, is it not the householders, through their local property tax or the small businesses paying rates to the council, who are effectively paying the fine imposed on the planning authority? Are they not effectively indirectly being hit by...

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