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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I thank both Deputies for the amendments. I can see some merit but we would have to balance this. If we recall our discussion a number of weeks ago on the role of councillors and decisions that are made, a design could go out in draft form, as it does, and if public submissions are then received, the Part 8 can, and in many instances is, amended on the basis of those public submissions....

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Does anyone else wish to comment before I respond further?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: It is only a handful.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I think it has been a decent discussion.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I take on board the views there. Let us use the example of the housing development, given by Deputy O'Callaghan, where because of public consultation and the councillors' interaction, a playground is added. If we made this amendment, and I do not want to be dumbing down on it, that would mean even what is deemed a positive change goes back out to another Part 8. We are going back again...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Not that it never ends, just that it lengthens the process and diminishes-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I will certainly reflect on the discussions we have had. The Deputy will see where the downsides are. In the main, they are with the process. I would again guard against legislating for exceptions and exceptional circumstances in a way that could have other consequences. As Deputy Ó Broin said, this relates to a small minority of cases. I would say a tiny number of Part 8 housing...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I have seen ones that were going to be brought forward and, on the basis of advance consultation, modifications were made to designs and things like that. It is extremely rare. I have been involved in elected politics since 2004 and, in my experience, I have certainly never seen a draft Part 8 proposal being brought in by officials without anyone having had sight of it. I take the point....

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I genuinely will reflect on the discussion. I will not give a guarantee that I will make any changes but I understand the points being made. We have to balance any provision with trusting our local elected members and respecting their reserved functions and interactions with their electorates. I will genuinely reflect on the contributions made on these two amendments.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I will respond directly to the Deputy because I can see merit in the intent of the proposed amendment. I just want to consider the ramification of such an addition, particularly as a decision to grant can only include conditions that it is within the applicant's control to achieve and comply with. I can see the merit in what the Deputy is saying. On foot of the last two amendments, which I...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: That would be the concern.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: This obviously relates to applications for permission. We have seen instances in which people have come back and said they cannot do a certain thing now. People would have been very clear on the phasing of certain elements only for that not to come to pass. I absolutely take the Deputy's point and will certainly look at that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: It would be a condition of a planning permission. It would be the planning authority.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: There is guidance in the sustainable development growth guidelines, which we have referred to many times here. I have the residential guidelines here. The guidance will become national planning statements once this legislation passes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: The guidance relates broadly to how developments will be delivered. If the Deputy is asking whether any part of the Bill other than section 165 deals with phasing, the answer is "No". The phasing of plans is covered within this section. He is not missing anything but we do have guidance. For argument's sake, if we were looking to update these, they would have to comply with the issued...

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