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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: I move amendment No. 554: In page 166, to delete lines 16 and 17 and substitute the following: “(vii) (I) where the settlement or part of the settlement to which the proposed plan relates includes a Limistéar Pleanála Teanga Gaeltachta or a Baile Seirbhíse Gaeltachta within the Gaeltacht, Roinn na Gaeltachta and Údarás na Gaeltachta, (II) where the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: I move amendment No. 559: In page 174, between lines 8 and 9, to insert the following: “(VI) any relevant Language Plan agreed pursuant to Acht na Gaeltachta 2012 which applies to the settlement or the part of a settlement concerned,”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: I move amendment No. 562: In page 175, between lines 2 and 3, to insert the following: “(h) any relevant Language Plan agreed pursuant to Acht na Gaeltachta 2012 which applies to the settlement or the part of a settlement concerned,”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: I move amendment No. 565: In page 176, between lines 18 and 19, to insert the following: “(vi) any relevant Language Plan agreed pursuant to Acht na Gaeltachta 2012 which applies to the settlement or the part of a settlement concerned,”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: I move amendment No. 568: In page 179 between lines 10 and 11, to insert the following: “(vii) (I) where the subject matter of the draft direction involves a Limistéar Pleanála Teanga Gaeltachta or a Baile Seirbhíse Gaeltachta within the Gaeltacht, Roinn na Gaeltachta and Údarás na Gaeltachta, (II) where the subject matter of the draft direction...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: I can ask the question after, or does the Cathaoirleach want me to do it now?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: I do not have the experience of maritime applications and this applies to both land-based and maritime in subsections (3) and (4). Regarding land-based applications, I have seen on occasion the eligibility of someone to make an application being in question. Whether that has been subject to legal challenge, I could not say. For example, I have seen situations where a developer makes a...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: We do not have personal shares in it. One has a moral ownership as a member of the public. We do not have personal shares so we cannot sell them or-----

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

Cian O'Callaghan: While the example I will use relates to section 82(3)(a) and (b), this relates to subsection (3) and (4) in effect. The concern I have, as I outlined yesterday, is if, for example, a developer applies for planning permission that involves land they do not own but that is in public ownership - let us say a public park or open space. If the local authority executive has given the developer...

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

Cian O'Callaghan: Just to clarify, a member of local authority may want to apply. Would they be covered under section 82(3)(b)(iv) "a person who has a legal or beneficial interest in the land"?

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

Cian O'Callaghan: Would this be the case even though they are not the planning authority? They are an elected member of the local authority but they are not the planning authority.

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

Cian O'Callaghan: Yes, but they would have no recourse to the courts. If they felt a decision had been taken by the council executive without consulting the elected members to give written consent for the use of a public park or open space to a developer, they would not have any recourse to challenge that in the courts if this goes through. Is that the case?

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

Cian O'Callaghan: Will the Minister of State provide a note to us on it?

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

Cian O'Callaghan: It will be looked at to address the issues. I thank the Minister of State.

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

Cian O'Callaghan: I have the same concerns. Does the Minister of State stand over what we have been told to date by the Minister about section 83 and amendment No. 605? Given the publication of extracts of the letter from the Attorney General, is he now updating the Government's position in relating to this amendment or does he absolutely stand over what the Minister has said to date in respect of this matter?

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

Cian O'Callaghan: I have a comment about the statement that there has been no lobbying in this regard. The senior Minister has stated this, as has the Minister of State who is present. According to the article that was published, there were four meetings between the developer in question and the special adviser to the senior Minister. Are any minutes or records of those meetings available? Will they be...

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

Cian O'Callaghan: They have been recorded in the lobbying register.

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

Cian O'Callaghan: Yes, but the Minister of State is telling us definitively that there was no lobbying in relation to this amendment. There have been four meetings between the developer-----

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

Cian O'Callaghan: -----and the special adviser to the Minister-----

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

Cian O'Callaghan: -----who is located in the Department. Were the minutes of those meetings to be published, we would be able to see what issues were or were not discussed during those meetings. Transparency around that would help shed some light on this.

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