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Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill: Discussion (Resumed) (9 Feb 2023)

Cian O'Callaghan: Mr. Ryan feels that on the basis of the team being quite small, it would not make sense to have a statutory or formal appeal mechanism.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill: Discussion (Resumed) (9 Feb 2023)

Cian O'Callaghan: Appeal is good practice in terms of accountability in any organisation. Sometimes, for whatever reason, an organisation can get useful feedback from that process as well and so the issue is the absence of that. In my reading of head 328, there is no obligation to publish a report once a review of planning functions has been undertaken by the office. In terms of transparency and...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill: Discussion (Resumed) (9 Feb 2023)

Cian O'Callaghan: My read and interpretation of that are that, regardless of the caveats, "may" continues to pertain. Is Mr. Cussen's interpretation that reviews "shall" be published subject to those caveats?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill: Discussion (Resumed) (9 Feb 2023)

Cian O'Callaghan: Would Mr. Cussen be in favour of this provision being clearer to provide that reviews "shall" be published, subject to the caveats that are listed?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill: Discussion (Resumed) (9 Feb 2023)

Cian O'Callaghan: The OPR will be able to intervene in clear breaches of national policy but in terms of potential ambiguity between detailed local plans and general national policy, I cannot see how the Bill resolves that.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Cian O'Callaghan: On a related note, will the Attorney General's report of the judicial review process be published or shared with us?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Cian O'Callaghan: Is there any kind of data or evidence base that is informing this part of the legislation to change this around to judicial review?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Cian O'Callaghan: Following on from the Chairman's questions, head 8 relates to section 5 applications. From what I know, this is a very important measure at the moment. It means that in the case of alleged unauthorised development where the planning authority or council believes it to be an exempted development, members of the public are given the ability to challenge that view. People can get a formal...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Cian O'Callaghan: From Mr. Ryan's earlier comments, these changes may be coming from data supplied by the LGMA. It is important-----

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Cian O'Callaghan: It is important that there is a mechanism for members of the public to be able to hold local authorities to account on this.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Cian O'Callaghan: Removing public participation from this particular part, or excluding it altogether, is potentially highly problematic.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Cian O'Callaghan: Yes, but if the planning authority is of the view that it is not unauthorised development and is exempted development, the section 5 declaration is a way for people to be able to get the view of the board on that. It gives a different viewpoint on it. Finding out whether the board has overturned the views of local authorities on this, and to what extent, is important to inform this. If it...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Cian O'Callaghan: The Bill states that they may be made available.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Cian O'Callaghan: It is head 335. I do not have the page number on front of me but it is subsection (3)(a).

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Cian O'Callaghan: Should there also be timelines around that? That is an issue at present. Most of the public get their information about planning applications online.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Cian O'Callaghan: On putting information up and making it available online?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Cian O'Callaghan: Okay. Where is that in the process?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Cian O'Callaghan: The Department will look to reflect that.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Cian O'Callaghan: Mr. Ryan might check that because it is important.

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