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Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Eoin Ó Broin: I thank the witnesses for the presentation. One of the problems with that presentation is the impression that this is a very light and technical matter. We use words like "efficiency" and "regularise" but it is really important to remember we are talking about unauthorised developments. In some cases we are talking about unauthorised developments that have had and continue to have very...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Eoin Ó Broin: If there is a fourth round, I will probably come back in on that round as well.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Eoin Ó Broin: First, with regard to the fines, my calculations are that, as of November of this year, they will be €16.1 million. We owed €10.5 million as of October last year and, as has been said, it is €2.7 million or €2.8 million every six months, so the total amount is €16.1 million. It would be good if that could be confirmed either at the meeting or afterwards...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Eoin Ó Broin: I am not asking Mr. Kelly to comment on an ongoing legal case. Given his level of knowledge and expertise, to be compliant with the directives in EU law would require being fully regularised and full remediation to be undertaken. That would not be an unreasonable assumption.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Eoin Ó Broin: I have two comments and then a few more questions. Returning to an important point the Chairman made, it is much more difficult to evaluate the level of environmental damage that has been done by an unauthorised development when there is not an original baseline. Thus while one might have evidence, one does not have evidence about how much damage has been done from the period when the...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Eoin Ó Broin: May I ask for clarification? If, in the case of a substitute consent application, conditions are applied, including a requirement to remediate, and if there is a parallel application made directly to the board for a planning application to expand the operations, would it be possible to apply a condition specifying that the grant of permission to expand operations cannot be activated until...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Eoin Ó Broin: I will ask one final question. What is the rate of refusal? Mr. Kelly talked about historic numbers of 30 or 40 and then talked about three or four a year. How commonly is substitute consent refused? If he does not have the figures, perhaps he could provide them to the committee at a later stage.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Eoin Ó Broin: I have four more questions but I am not so sure we need a break. It might be better-----

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Eoin Ó Broin: I do not believe we will use the three hours. I do not know about the other Deputies but-----

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Eoin Ó Broin: I have four more.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Eoin Ó Broin: I will go back to some of the questions I had asked earlier that the witnesses did not get an opportunity to answer. I asked a specific question about section 177D(2)(g) which contains the phrase "such other matters as the Board considers relevant". Will Mr. Kelly give us an indication of what such matters these are likely to be? Was legal advice sought on the appropriateness of that...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Eoin Ó Broin: I would like to make an information request as well.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Eoin Ó Broin: My request is concerned with allowing us to fully understand this proposed legislation. Regarding head 4, it was mentioned several times that it has withstood the scrutiny of a series of court decisions. I am interested in that aspect and I ask Mr. Kelly to send the committee a note with more explicit information in that regard. I refer in particular to situations where any of those court...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Eoin Ó Broin: I am sorry, but I have a question. I presumed that we would have had the opportunity to have a second pre-legislative scrutiny hearing with external bodies. I just automatically assumed that we would have had at least one other session.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Eoin Ó Broin: Given the significance of this matter and the issues arising, and the fair degree of consensus in this regard, I think it would be helpful if we could at least discuss this issue at our meeting on Tuesday. I believe that one more session will be required given the scale of the issues involved.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Eoin Ó Broin: Could I make a compromise suggestion?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Eoin Ó Broin: I do not wish to delay this proposed legislation in any way, but only a small number of us have been here for this meeting. In that context, we discussed previously the possibility of having a meeting of the committee on a Friday in exceptional circumstances. I do not think it would be right for us to do this pre-legislative scrutiny report without at least having had one session with...

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