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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: Correct me if I am wrong, but in the context of amendment No. 715, we have a situation where the only hard-and-fast statutory timelines in our planning process, outside of LRD, are those that local authorities have to apply. We are introducing - and we will get into the detail of the timelines when we get to the relevant sections - statutory timelines for all different phases of the process....

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: I have a couple of supplementary questions. Let me get this right. The Minister of State is saying that this provision exists in exactly the same manner in the existing Planning and Development Act 2000? If I submit a standard planning application to a local authority, the Minister of State is saying that a local authority can come to me and seek a voluntary extension of the-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: That is not my question. Is that provision, exactly as the Minister of State has described it, currently available to me?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: Just so I am clear, that was not my question. Given that the Minister of State said at the start that in the main, these four amendments are really a provision for the planning authority-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: The Minister of State absolutely said that both the applicant and the planning authority could avail of this. He said that very clearly. However, he then went on to say - I cannot remember his exact words - that this is a provision that the planning authority may choose to avail of if it needs some extra time. Under the Planning and Development Act 2000, if I have a standard planning...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: My understanding is that a planning authority cannot do that currently but I will stand corrected if it is in the Act.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: My question is different.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: Again, my understanding is that with regard to a standard planning application to which a statutory timeline that is very clear and fixed applies, the planning authority currently does not have the capacity or ability to ask for an extension. That is really important.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: If that interpretation is correct and that is not a facility that is currently available to planning authorities-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: Where the planning authority can seek an extension of time on a voluntary basis from the applicant.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: Of the Act rather than the Bill.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: These are questions for clarification. There is a substantive issue I want to get to. It is significant that we are not clear right now whether what is proposed is the same as what currently exists or new.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: That is not exactly what the Minister of State has said insofar as he has said he wants to get absolute clarity on that and give us-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: I ask the Minister of State to bear with me. I raise the point only because our job here is to consider these amendments. Some of the questions we may raise and some of the commentary we may make would depend fundamentally on whether we can categorically say that what is proposed both by way of the amendment and what the amendment is amending in the Bill is exactly the same as the current...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: In this, the standard six-month period would no longer apply-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: -----because the planning authority would have to take the decision within the agreed extra period.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: In some senses an FI request would be redundant unless it was something relatively minor.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: The Minister of State keeps using the phrase "small bit of time".

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: My next question is whether this provision is designed, or is it the intention of the provision, to avoid a planning authority using an FI request when it really needs just an extension of time.

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