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

Cian O'Callaghan: When I was considering putting forward these amendments, I looked at this section and wondered whether to amend it. I thought that was not the correct angle to come from. The only timelines the Bill has in respect of taking in charge relate to a local authority's decision on a taking in charge request that is initiated by residents or a management company. The local authority may decide...

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

Cian O'Callaghan: Section 84(3)(h) could refer to the phasing of the development and the sequencing of works but it does not ensure timely completion of public areas and their being handed over to the local authority and taken in charge. It absolutely does not ensure that. Sections 84(3)(j) and 84(3)(k) simply allow for conditions around maintenance until such time as those areas might be taken in charge,...

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

Cian O'Callaghan: I ask the Minister of State to consider, in particular, amendment No. 640. That is the one.

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

Cian O'Callaghan: I move amendment No. 610: In page 198, between lines 33 and 34, to insert the following: “(k) conditions determining the timeline in which the local authority concerned will take in charge of roads, open spaces, car parks and other public facilities;”.

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

Cian O'Callaghan: I move amendment No. 621: In page 199, between lines 30 and 31, to insert the following “(u) conditions specifying the public areas and amenities in the development that will be taken in charge by the local authority concerned, including roads, footpaths, bicycle lanes, open spaces, car parks and other public facilities and the timeline for this to be completed.”.

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

Cian O'Callaghan: I move amendment No. 622: In page 199, between lines 30 and 31, to insert the following: “(u) conditions specifying the infrastructure to be taken in charge by Uisce Éireann, including sewers, watermains or drains and the timeline for this to be completed.”.

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

Cian O'Callaghan: I move amendment No. 625: In page 199, between lines 30 and 31, to insert the following: (4) Conditions in subsection (3)(g) will specify that any bonds accepted by planning authorities as a form of security will be index linked, provided by operators regulated by the Central Bank and sufficient to cover the cost of satisfactory completion of the development.”

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

Cian O'Callaghan: I move amendment No. 640: In page 210, between lines 31 and 32, to insert the following: “(3) An application for standard development shall specify the public areas and amenities in the development that will be taken in charge by the local authority concerned, including roads, footpaths, bicycle lanes, open spaces, car parks and other public facilities. (4) The taking in charge of...

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

Cian O'Callaghan: I move amendment No. 641: In page 210, between lines 31 and 32, to insert the following: “(3) An application under this section may be in the Irish or English language.”.

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

Cian O'Callaghan: I move amendment No. 647: In page 212, between lines 19 and 20, to insert the following: “(10) Notwithstanding any other enactment, where an application for permission for residential development situated in a Limistéar Pleanála Teanga Gaeltachta or a Baile Seirbhíse Gaeltachta in the Gaeltacht is made by an applicant who is competent in the Irish language, the...

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

Cian O'Callaghan: I move amendment No. 648: In page 212, between lines 19 and 20, to insert the following: “(10) When making an application for permission under this section, the applicant shall upload the application, and the accompanying documentation, on a website maintained by or on behalf of the planning authority.”. This relates to when a planning application is made and the planning...

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

Cian O'Callaghan: I thank the Minister for his response. When I drafted these amendments, I considered those issues around accessibility. Another way to tackle the issue could be that the provision could apply to applications for more than one unit. What sort of developer will put in an application for ten or 100 homes and not be able to do the application in this manner? I accept there will be some cases...

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

Cian O'Callaghan: The vast majority of people get their information with respect to planning applications online. That is when they have the opportunity to look at the drawings, plans and so forth and take a view on matters. Until that information is available, it is impossible for most of the public to participate. The clock starts to tick when the public, for the most part, does not have access to...

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

Cian O'Callaghan: Does the Minister have stats on how long it takes planning authorities to get the documents online?

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

Cian O'Callaghan: Okay.

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

Cian O'Callaghan: I am pressing amendment No. 648.

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

Cian O'Callaghan: I move amendment No. 649: In page 213, between lines 18 and 19, to insert the following: “(2) The time period prescribed for making a submission will commence when the planning documents are made available to the public online.”.

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

Cian O'Callaghan: I will speak to amendments Nos. 668, 669, 671 and 672. Amendment No. 672 is a technical amendment consequential on the other three. If they pass, it is needed for consistency reasons. This is about where a planning authority seeks a time extension from an applicant and the applicant does not consent to that extension. This section says permission will be refused and the applicant can...

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

Cian O'Callaghan: One of the strongest recommendations from pre-legislative scrutiny, which came from a number of areas, was the strong pushback against the idea of fines for late decisions. This section, in effect, means there will be fines. It means there will be penalties for the planning authorities for late decisions. I thought the Government and Minister had listened to those recommendations from...

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

Cian O'Callaghan: During our pre-legislative scrutiny, one of the things that came through very strongly from multiple sources, including practitioners within the system, was that any form of fines, the equivalent of fines or financial disincentives for planning authorities will inevitably lead to two things. First, they will lead to applications that may have been granted permission being refused because...

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