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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: It is just a quick question. The response by the Minister of State is very clear that there was no lobbying between the developer and the officials. I fully accept the veracity of that. Can the Minister of State confirm whether there was no request by the Minister or advisers to the Minister to the officials to work on an amendment, which eventually took the form of amendment No. 605?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: Is it the case that this exclusively came from the officials, without any request from or conversations with the Minister or advisers in relation to that?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: I have the planning decision here. I take a different view to the Cathaoirleach on this, for the record. The issue of the housing targets is the primary, if not sole, reason for the decision. That is my reading of the planning decision.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: We can have a discussion about that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: That is not in the decision. That is not the grounds for the refusal. Let us be very clear. I am happy to share that with the Cathaoirleach. I appreciate Deputy McAuliffe’s point and I am happy to share the Attorney General’s-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: I thank Deputy O'Callaghan for tabling this amendment. As some of the Minister of State's officials will know from their time in South Dublin County Council, this is a huge issue for what we might call Celtic tiger-era, legacy taking-in-charge cases. It is also a current issue. There is a small residential development that was built a number of years ago in my constituency for which...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: What is the title and date of that circular?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: I concur with Deputy O’Callaghan. Here is the problem, however. The development I am speaking about in my own constituency is post 2013. In fact, the planning permission was after 2013. I cannot remember the number of years the residents have been there, but they have certainly been there for two, three or maybe four years and they moved in within the five-year time period for the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: Where a developer operates individual designated activities companies for each individual development, which is common if not the norm, and a company then fails, there is nobody to pursue in the context of planning enforcement. As site works are not covered by the building control amendment regulations, it is even more difficult. Ultimately, we are talking about court action. They are the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: I move amendment No. 612: In page 198, between lines 39 and 40, to insert the following: “(m) conditions requiring to measure and address whole life carbon emissions and address whole life carbon emissions of new developments in line with the States carbon targets;”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: I move amendment No. 613: In page 198, between lines 39 and 40, to insert the following: “(m) conditions requiring the development to have regard to the ratio of infrastructure to buildings and homes to ensure a more efficient use of infrastructure and associated emissions;”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: I move amendment No. 619: In page 199, line 13, after “development” to insert “, including requiring naming to be in the Irish language only, or in the case of bilingual naming, for the Irish name to be more prominent in signage”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: I move amendment No. 623: In page 199, between lines 30 and 31, to insert the following: “(u) where the development includes the construction of not less than 2 housing units in a Gaeltacht Language Planning Area or Irish Language Network, conditions to protect and promote the use of Irish within the community and the viability of Irish as the spoken language of the community,...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: I move amendment No. 624: In page 199, between lines 30 and 31, to insert the following: “(u) conditions requiring space within the development for culture, including artistic creation, performance, learning or enjoyment, accessible to the public, including persons with a disability.”

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: I have four specific questions. I will go through them and we can deal with them one by one. Section 84(6) provides that: A condition attached to a permission in accordance with paragraph (a) of subsection (5) shall not require such an amount of financial resources to be committed for the purposes of compliance with the condition as would substantially deprive the person in whose favour...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: The next question then is on section 84(9)(a), which states: A planning authority or the Commission may, in addition to any condition that it may or is required to attach to a permission in accordance with any other provision of this section, attach to that permission a condition that the person who carries out the development agree points of detail relating to compliance with the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: That is fine.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: The questions are on sections 84(6), 84(9), 84(10) and 84(13).

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: First of all, is it new?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: The second question then is whether it applies to both schemes and one-off developments, for example, residential schemes and one-off houses?

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