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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Steven Matthews: Yes. Okay.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Steven Matthews: They do have the option available to them to get a declaration stating they would be eligible for costs prior to the judicial review.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Steven Matthews: No, that is in here.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Steven Matthews: I am sorry for that sidebar conversation. I call Deputy O'Callaghan.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Steven Matthews: Is there scope for a party to apply for a time extension under one of these sections? In reference to the point made by Deputy O'Callaghan, would it be up to a judge to decide that?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Steven Matthews: I do not think there is anybody here to press amendment No. 959 so it falls. I think Deputy Bacik indicated she might, having moved it, resubmit it on Report Stage.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Steven Matthews: I thank the Minister of State, Deputy Byrne, for his attendance and welcome the Minister, Darragh O'Brien.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Steven Matthews: Before I put the question on section 258, we are looking for clarification. We might invite the officials back in. We will have more votes so I ask members to stay close by.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Steven Matthews: Amendment No. 968 is ruled out of order.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Steven Matthews: We are into the costs now. That relates to section 263 onwards. Does the Deputy wish to take them section by section?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Steven Matthews: For the information of members, we will take a short break at 4.15 p.m. for 15 minutes. That will leave us an hour and a half for the final part of the session. Is that agreed? Agreed. We will now have questions on section 263 onwards.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Steven Matthews: Amendments Nos. 1010 to 1015, inclusive, and 1017 to 1026, inclusive, are related and may be discussed together.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Steven Matthews: I move amendment No. 1010: In page 498, between lines 10 and 11, to insert the following: “ “curtilage”, in relation to a dwelling, means an area immediately surrounding or adjacent to the dwelling which is used in conjunction with the dwelling, other than any part of that area that is a public place; “dwelling” includes— (a) a building or...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Steven Matthews: It arose in discussions on enforcement that there was difficulty in using the current definition of "dwelling". I have supplied definitions here to try to expand the meaning of "dwelling". How do you take enforcement action against somebody-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Steven Matthews: In a front garden, yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Steven Matthews: So any vehicle, vessel or anything is defined as a structure if it is within the curtilage of a building for dwelling.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Steven Matthews: I tabled the amendment because it was raised with me as having created difficulty previously in enforcement. If the Department is satisfied-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Steven Matthews: Okay. The definition of "dwelling" exists in a number of places. Would it be beneficial to bring it into the Bill?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Steven Matthews: Okay. That is fine. I am happy with that then. Will I deal with my amendments that are in this grouping?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Steven Matthews: The Minister as well.

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