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Planning and Development (Amendment) Bill 2025: Committee and Remaining Stages (9 Jul 2025)

James Browne: In regard to ensuring the extensions are not sought for speculative purposes, the extension of duration provisions are time-bound and cease to have effect if the development has not commenced within 18 months of the coming into operation of the provision. The fact the extension ceases to have operation or effect if the development is not commenced should deter speculative applications. ...

Planning and Development (Amendment) Bill 2025: Committee and Remaining Stages (9 Jul 2025)

James Browne: Local authorities are very experienced in enforcement.

Planning and Development (Amendment) Bill 2025: Committee and Remaining Stages (9 Jul 2025)

James Browne: We will always keep these things under review and monitored. In relation to this, I do not see any risk of speculation. There are strict time-bound limits in there. I think those are sufficient to ensure commencements are carried out.

Planning and Development (Amendment) Bill 2025: Committee and Remaining Stages (9 Jul 2025)

James Browne: Amendments Nos. 10 and 12 to 14, inclusive, seek to amend the timelines in section 16, which amends section 42 of the Act of 2000. Amendments Nos. 10 and 12 seek to provide that applications for extension of duration of uncommenced housing developments may only be made in the last year of permission remaining, rather than the last two years, as set out in the Bill. Existing planning...

Planning and Development (Amendment) Bill 2025: Committee and Remaining Stages (9 Jul 2025)

James Browne: The RZLT is resulting in more land transfers. I am very satisfied of that. It has a cumulative effect. As time goes on, we will see an increasing rate of transfers as a result of the 3% year on year. It only commenced its application this year and there is a review to be carried out each year. In relation to the amendments, I am satisfied the timelines strike the necessary balance....

Planning and Development (Amendment) Bill 2025: Committee and Remaining Stages (9 Jul 2025)

James Browne: The rules and procedures of the High Court are set out in the rules of the superior courts and these are made by the Superior Courts Rules Committee in concurrence with the Minister for Justice, Home Affairs and Migration. If by good practice guidelines the Deputy is talking about practice directions, it is my understanding that these are issued by the President of the High Court under...

Planning and Development (Amendment) Bill 2025: Committee and Remaining Stages (9 Jul 2025)

James Browne: I am very strongly of the view that the operation and procedures of the superior courts is a matter for the Judiciary of the superior courts. It would be inappropriate for the Oireachtas to set down statutory timelines for the courts. The courts need to be able to manage their lists in the manner they see fit. That is my personal opinion and my position as an officeholder.

Planning and Development (Amendment) Bill 2025: Committee and Remaining Stages (9 Jul 2025)

James Browne: Amendment No. 8 seeks to introduce a use it or lose it principle into the Act of 2024. The amendment itself does not appear to amend a specific section of the Act of 2024 or to outline any details or criteria concerning the timeframes to be specified for commencement or what penalties may be applied. While it is, of course, important that we encourage holders of permissions to commence...

Planning and Development (Amendment) Bill 2025: Committee and Remaining Stages (9 Jul 2025)

James Browne: I will address amendments Nos. 5, 15 and 19 together. These amendments relate to the Bill's compliance with the Aarhus Convention. Amendment No. 5 seeks to provide for third-party observations as part of the suspension of duration of a permission while it is subject to a judicial review by amending section 13. Amendment No. 15 seeks to make similar provisions for third-party...

Planning and Development (Amendment) Bill 2025: Committee and Remaining Stages (9 Jul 2025)

James Browne: The amendment seeks to amend section 13, which amends section 180 of the Act of 2024. In relation to the suspension of the duration of permission while a judicial review is ongoing, the current provisions provide that where a person is seeking a suspension of duration in respect of a concluded judicial review, they must submit a declaration that the development did not substantially commence...

Planning and Development (Amendment) Bill 2025: Committee and Remaining Stages (9 Jul 2025)

James Browne: Obviously, the amount of time given will be up to the Business Committee, but I have no difficulty with substantial time being given for it.

Planning and Development (Amendment) Bill 2025: Committee and Remaining Stages (9 Jul 2025)

James Browne: I will address amendments Nos. 2 and 9 as tabled. Amendment No. 2 seeks to reduce the standard duration of a permission in the Act of 2024 from five years down to three years, while amendment No. 9 seeks to make the same amendment in respect of the 2000 Act. I cannot accept these amendments. The purpose of having a specified period for a planning permission to act upon is to balance the...

Planning and Development (Amendment) Bill 2025: Committee and Remaining Stages (9 Jul 2025)

James Browne: I thank the Deputies for their contributions. I understand where both Deputies are coming from. Having examined it, there are some challenges around shortening the period. I understand the Deputies' intention. However, when we look at the necessity for bigger projects to secure finance, deal with compliance and complete the development, the five-year period is a more balanced approach to...

Planning and Development (Amendment) Bill 2025: Committee and Remaining Stages (9 Jul 2025)

James Browne: Amendment No. 1 seeks to provide for the zoning of land for the particular use of affordable housing. The amendment itself appears to amend a wrong section of the Bill, as section 4 of the Bill amends section 45 of the principal Act, which deals with the implementation and monitoring of regional spatial and economic strategies. In any event, I cannot accept this amendment as zoning...

Planning and Development (Amendment) Bill 2025: Second Stage (8 Jul 2025)

James Browne: I thank all Deputies for their engagement on this Stage of the Planning and Development (Amendment) Bill 2025. It is imperative that the Government takes all measures necessary to increase the supply of housing. Let me be clear that no single measure will solve the challenges we face on its own, but I firmly believe the combined effect of the measures being introduced through this Bill will...

Written Answers — Department of Housing, Planning, and Local Government: Waterways Ireland (3 Jul 2025)

James Browne: Waterways Ireland is a North South Implementation Body established under the British Irish Agreement of 10 April 1998. It is funded by my Department and the Department for Infrastructure in Northern Ireland as Sponsor Departments. Delegated expenditure limits for the body have been agreed by the Sponsor Departments, the Department of Finance in Northern Ireland and the Department of Public...

Written Answers — Department of Housing, Planning, and Local Government: Housing Policy (3 Jul 2025)

James Browne: On 25 April 2023, the Government approved additional measures under the Housing for All Action Plan to incentivise the activation of increased housing supply and help reduce housing construction costs, including the introduction of temporary time-limited arrangements for the waiving of local authority “section 48” development contributions and the refunding of Uisce Éireann...

Written Answers — Department of Housing, Planning, and Local Government: Electoral Commission (3 Jul 2025)

James Browne: Section 23 of the Local Government Act 2001 empowers the Minister to divide a local authority area into local electoral areas and to amend those areas. However, in advance of deciding to make an order under section 23 of the 2001 Act, the Minister must, in accordance with section 32(2) of the Local Government Act 1991, request An Coimisiún Toghcháin to prepare a report having regard...

Written Answers — Department of Housing, Planning, and Local Government: Housing Schemes (3 Jul 2025)

James Browne: In line with a commitment under Housing for All, my Department undertook a review of the private rental market, published in July 2024. One of the key recommendations was that a comprehensive examination of the current Rent Pressure Zone (RPZ) system should be undertaken. This review, carried out by the Housing Agency and submitted to my Department at the end of April, assessed the...

Written Answers — Department of Housing, Planning, and Local Government: Architectural Heritage (3 Jul 2025)

James Browne: I propose to take Questions Nos. 248 and 250 together. As set out in Part IV of the Planning and Development Act (2000), the planning authority - in this case Dublin City Council - has primary responsibility for the protection of architectural heritage within its functional area. The mechanisms through which it can exercise this function include designating architectural conservation...

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