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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: I move amendment No. 78: In page 44, between lines 28 and 29, to insert the following: “(iii) notwithstanding subsection (8), shall include details of the declaration sought and the further information requested on the planning register.”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: I move amendment No. 79: In page 44, to delete lines 35 to 37 and substitute the following: “(7) (a) Any person (in this subsection referred to as the “appellant”) may, not later than 4 weeks from the date of the publication of the declaration and on payment to the Commission of such fee as”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: I move amendment No. 80: In page 45, lines 37 and 38, to delete “under subsection (2) shall be entered in the register” and substitute the following: “under subsection (2), (13) or (14) shall be entered in the appropriate register of the Commission and the planning authority in which the matter for which the declaration sought is either wholly or partially in”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: I move amendment No. 81: In page 46, line 9, to delete “any” and substitute “all”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: I move amendment No. 82: In page 46, to delete lines 20 to 26 and substitute the following: “(c) Where the planning authority or the Commission makes a decision it shall, as soon as possible and not later than 5 working days thereafter, cause the relevant documents to— (i) be published on its internet website, and (ii) be made available for inspection free of charge and...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: They are genuinely technical.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: I move amendment No. 93: In page 48, line 36, to delete “a relevant” and substitute “any”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: I move amendment No. 94: In page 49, to delete lines 3 to 8 and substitute the following: “(c) In relation to a development wholly or partly in the outer maritime area, granted or proposed under this Act or the Act of 2000, any person may, upon the payment of such fee as may be approved under section 348, make a request in writing to the Commission for a declaration in...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: I press the amendment.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: When we were discussing this earlier, the Minister who was present at the time did promise a note in this regard. He said the note was written, so that we might be able to get it today in advance of the vote. The Minister was not able to explain why section 11(2) is in the Bill or what the rationale is for it. Is that note available now and can we discuss it?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: Okay, but it is not available now so in terms of-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: Okay. In terms of taking this vote then, Chair, it is not a very satisfactory situation.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: There was no explanation from the Minister as to why section 11(2)-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: That it was written and we might be able to get it quickly because it is already written. I am just saying that it is not a very satisfactory situation because the Minister was unable to explain why section 11(2) is in the Bill. He provided no rationale for it and gave no explanation. We are now taking a vote on something without any rationale being given about it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: He committed to making that note available, absolutely. I am just saying it is not satisfactory that we are taking a vote on something and no rationale has been provided for why section 11(2) is in the Bill. I will leave it at that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: It was going to provide some information as to why the Bill states that "a relevant declaration shall not be admissible in evidence in any proceedings relating to the act." The Minister was not able to explain that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: It was going to cover more than that, but it was going to cover-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: Yes, it was, but it was going to cover this as well.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: All of section 11.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: Would it be appropriate then to wait because we will have the note in the morning? It means that if there are any issues arising from it, we will be able to ask questions and discuss it.

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