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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: The one where there is an absence of alternative solutions is clear enough. Then there is the one on imperative reasons. The reason I am asking is I am trying to think of a real life case. I am thinking of offshore wind as an example. If the relevant plan is to facilitate offshore wind projects, then it will have beneficial consequences of primary importance to the environment because it...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: What does "has commenced" mean?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: Is that it can be or will be? The whole point of this is to provide certainty.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: What is the intention of the regulations from the point of view of the officials?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: Am I correct in saying we would need more than a commencement notice but very minimal site works might have happened over a five-year period?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: Is the Minister of State in a position to share even some of the preliminary thinking on what that is? In some sense, the Minister of State is asking the committee to accept a significant change, which is from substantial commencement or substantial works, notwithstanding the legal ambiguity of that. Could the Minister of State not just, for example, introduce regulations to stipulate...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: This is about lowering the threshold.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: How is it not?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: That does not address my question in the sense that I fully accept the phrase "substantial works", if it is just the phrase "substantial works" that is legally ambiguous. The Minister of State had one option, which would have been to provide regulations to clarify very explicitly what substantial works were. The Minister of State has chosen not to do that. Instead, he has used a different...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: Let me ask the Minister of State this question. We are taking out the words "substantial works" and putting in the word "commenced" but the Minister of State is telling me that the regulations that will underpin and provide the clarity and certainty to "commenced" will set out what would be "substantial works".

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: That could be done by way of regulations in respect of the existing wording.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: Maybe I am just getting cranky because of the late hour but that is not what that does. What that does is set out that the planning authority will require certain documents and information. We have old language from the Bill, which is not clear. We have new language from the Bill, which is not clear. The Minister of State tells us there will be regulations and that is where the clarity...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: I have a further question on these three amendments. With regard to the transitional arrangements, obviously the existing provision of "substantial works" will be gone if and when this Bill is enacted. What kind of transitional arrangement will there be? Will the existing provisions continue until such time as this new, not necessarily very clear, provision is enacted or what will the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: Just so we are clear on the transitional arrangements, is the Minister of State saying that after the passage of this Act any existing planning permission that is two years into its existing permission will avail of the existing provisions of the existing Act?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: From the date of the enactment of this Bill, anyone with planning permission can apply under the existing-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: Under the existing provisions, not the new provisions.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: For what period of time?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: This is no matter where they are in their planning permission.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: There is a two-year period and then any new planning permission will have to be applied for under the provisions of this Act.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: Is that because these provisions will not be enacted for two years? Why is there a two year period? Is it a possibility that this permission could be enacted but existing planning permissions would have to apply under the old Act or would they have a choice?

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