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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: No. The question to the Minister of State from Deputy Boyd Barrett was with respect to retention permission and if there is a time limit. The Minister of State had indicated, on the basis of the information from the officials, that no there is not. I am asking if that answer applies in the case of substitute consent, where a portion of it includes a new development.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: All I am saying, and I do not know if this situation is intentional or just emanating from the complexity of this Bill, is that I strongly urge the officials to look again at this aspect. I say this because if someone gets a grant - it could be for an additional development, a factory space or an outhouse - surely some time limit should be placed on it, like any planning application.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: Is that clear? The Minister of State seems to be getting two different bits of advice.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: It is within the substitute consent grant, because it is specific to its substitute consent.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: I have one final technical question relating to this. A lot of the discussion on the substitute consent legislation and a lot of the reasons for it related to Derrybrien and the very significant fines. To go back to the original definition of “unauthorised development”, are the officials absolutely clear that Derrybrien, as they understand it, would be captured by that...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: I thank the Minister of State.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: I have one more question, and I apologise for being so pedantic about this. The Minister of State indicated that the legal advice was that cases such as Derrybrien would be covered by the definition on page 36. Was specific legal advice sought as to whether Derrybrien itself would have been covered? This might seem a little abstract to the Minister of State, being new to it, but that was...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: It was not, therefore, explicitly about whether it would have covered Derrybrien, but it would have been assumed to be part of the overall assessment of the legal advice.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: I thank the Minister of State.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Eoin Ó Broin: I move amendment No. 22: In page 34, line 16, to delete “ “Planning Commissioners” ” and substitute “ “Coimisinéirí Pleanála” ”. I with withdraw it but reserve the right to reintroduce it on Report Stage.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Eoin Ó Broin: I move amendment No. 23: In page 34, line 17, to delete “ “Planning Regulator” ” and substitute “ “Rialálaí Pleanála” ”. As with No. 22, I reserve the right to reintroduce amendment No. 23.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Eoin Ó Broin: We spent quite a bit of time yesterday and the day before trying to work out what is the best way to proceed with these cumbersome groups. What probably worked best for us was our approach to our discussion of the amendments tabled by the Chair, Deputy Matthews. The Ministers of State outlined in clusters their specific responses to specific groups of amendments. We were then able to have...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Eoin Ó Broin: I have two points to make. First, from listening to what the Minister's ministerial colleagues and officials have been saying, there is going to be quite a lot of subsequent amending legislation to this Bill, both in the near future and in the long term. This will not be the only area where that might happen. The second point is that I do not understand the logic of the Minister's...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Eoin Ó Broin: That is a very helpful way to do it. One of the struggles we have had in the past two days is that we were working from the official groupings when the Minister had these logical groupings. Having sight of this is helpful. If, as the Minister has done, he outlines his groupings and his rationale, we can then respond to that and deal with those in the best way we can. Notwithstanding...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Eoin Ó Broin: These amendments have not come out of nowhere. There has been a significant effort by organisations, many of which the Minister knows, including Conradh na Gaeilge, to ensure a Bill that was in real terms blind to the interaction of the planning system and Irish-language speakers and communities would be addressed. Much of our discussion concerns issues those organisations have rightly...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Eoin Ó Broin: Again, I think the Minister misunderstands the purpose of specific amendments. With respect to the OPR and amendment No. 1130, there is a planning dimension to this, which the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media is not equipped to assess. This is the whole point, and this is why folks like Conradh na Gaeilge have put so much effort into encouraging the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Eoin Ó Broin: On a point of clarification, that is true. However, to go back to the example I gave with respect to Traveller accommodation, it does not just assess all development plans. It has also done a really important report on the failure of local authorities to comply with those aspects of the development plan that relate specifically and exclusively to Traveller-specific accommodation....

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