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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: That is the intention with respect to the regulations.

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

Eoin Ó Broin: Why this process as opposed to a material contravention? I think I already know the answer but I would like the Minister to put it on the record. This puts the councillors in an unusual position. Let us say it is a large, economic development. This would be putting the elected members in a position where they are not deciding the planning permission but clearly the indication from the...

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

Eoin Ó Broin: Okay, so it is the actual planning consent.

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

Eoin Ó Broin: Wow.

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

Eoin Ó Broin: It is effectively 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: How do we ensure, in the use of such a procedure - not in the current context, to be very clear, but hypothetically - that we can prevent a Liffey Valley scenario, for example, from arising? How do we make sure that investors who may have very significant commercial interests do not try to predetermine the outcome, through bribery or some other method? One of the reasons that planning...

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

Eoin Ó Broin: I accept that.

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

Eoin Ó Broin: I am not suggesting it is and I want to be very clear about that.

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

Eoin Ó Broin: This is a stand-alone amendment but the next two are linked.

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

Eoin Ó Broin: No, amendment No. 682 is a stand-alone amendment and I will deal with that separately.

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

Eoin Ó Broin: This amendment relates to section 106 which deals with decisions of the commission on appeal and refers specifically to subsection (7). The subsection states: The Commission shall not have power to grant permission, on appeal from a decision of a planning authority in relation to an application made by the appellant, that— (a) is not substantially the same as the development or...

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

Eoin Ó Broin: One the Minister was starting on. Exactly.

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

Eoin Ó Broin: Again, this might be just because I have never come across a case like this. Somebody puts in a planning application to the local authority; he or she is refused. The applicant then appeals it to the board. The board, obviously, is assessing the original application as refused. How is it that anything would be substantially different or not substantially the same? The Minister used the...

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

Eoin Ó Broin: With additional information from the applicant.

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

Eoin Ó Broin: Again, just so we are clear, where it states "not substantially the same", does that apply to the volume and type of documentation that is submitted with the appeal or the actual physical proposal of the planning application?

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

Eoin Ó Broin: Does that happen?

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

Eoin Ó Broin: Wow.

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

Eoin Ó Broin: Absolutely. It makes an appeal an appeal, not a consideration of anything new.

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

Eoin Ó Broin: What the Minister is saying is that there are cases where the actual physical drawings, documentation, etc., would be substantially altered to try to influence the decision of the appeal.

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

Eoin Ó Broin: This is my last question, Chair. Under the current system then, would the board - or the commission, as it would be called - be duty-bound to assess the appeal on the basis of all the new information?

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