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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: Yes.

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

Darragh O'Brien: Pardon me?

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

Darragh O'Brien: In relation to remediation or restitution, or whatever phrase is used, that would be detailed in the enforcement notice itself. That is the function of it.

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

Darragh O'Brien: It would have to be done on a case-by-case basis in relation to what this specific enforcement notice related to. I am not going to use Derrybrien as an example but it would be determined on a case-by-case basis as to what restitution or remediation is required and it would then be assessed as to what is appropriate to the given site. Is the Deputy asking what the detail, scope or...

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 is a planning decision.

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

Darragh O'Brien: It is all set out actually in section 130, which deals with "Refusal of retrospective consent: direction by Commission to take remedial measures".

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

Darragh O'Brien: Section 130(4) relates to draft direction.

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

Darragh O'Brien: I thank the Deputy. I want to say that his amendment here would affect all planning applications. It would reduce the period set at five years to two. There are certainly issues with extensions of permissions, and the Deputy will see in this grouping that I intend to bring forward amendment No. 729, which is about limitations on the extension of duration of permissions. That would mean...

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

Darragh O'Brien: That is only if the project has commenced.

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

Darragh O'Brien: It has been ruled out of order.

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

Darragh O'Brien: I will respond first to Deputy Boyd Barrett because his amendment was put forward, then to Deputy Bacik and other Deputies. In regard to multiple applications clogging up the system, Deputy Boyd Barrett's amendment does not restrict the duration. For example, if the planning permission was for two years and could be extended by another two years, it does not preclude further extensions....

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

Darragh O'Brien: It is not ten years we are setting it at but five years.

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

Darragh O'Brien: There is an option or opportunity to go for another five years, should a permission have commenced. Ten years is not the standard. Five years is the standard, as is the current practice.

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

Darragh O'Brien: There will be a separate Bill.

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