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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Some of these are technical clarifications and others might require a brief discussion. I will rattle through them all and we will deal with them one by one. In section 53(3)(b) there is a period for the OPR to make additional submissions, which is an additional two weeks. Why is the OPR being given more time than others? There is a reference to 22 weeks in section 53(6). One of the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Apologies, but the reason I think that last question might be redundant, from memory, is an amendment was introduced at an earlier stage to amend these paragraphs. Is this paragraph one of those that was amended by the alternate wording? From memory it was but will the Minister of State clarify that so I can be certain?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Apologies. That I know. That was the question I asked. There are different time periods at various stages, so I presume either in the context of the original Act or during the reconsideration of it, a decision was taken to either leave or change those time periods. I am trying to get my head around the particular time periods and if there is a kind of logic or consistency to them. In...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: To be clear with regard to the time periods relating to the OPR, there would have been discussion between officials and the OPR regarding what would be a reasonable time period to do that work.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: With the local authorities would that discussion have been with the County and City Management Association, CCMA, or with the Local Government Management Agency, LGMA?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Specifically on section 53(3)(b), the OPR is getting a bit more time than the Minister and the officials. Is that just reflective of those discussions as to who thinks they can do what within what reasonable period?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: That is very helpful.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: This is not one of the paragraphs that is impacted by one of the earlier groups of amendments.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: This is captured by that earlier group of amendments.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: With regard to this particular section the impact of the amendment does not change the intention, it just clarifies the wording.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: The Bill contains the phrase "A person shall not question the validity". I presume that is questioning the validity in a court of law. It is not necessarily a protection measure against judicial review; it is an attempt to try to focus the scope of potential to judicial reviews.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: If timelines had not been met or if they had been shortened or lengthened, that would not allow someone to legal question what is happening; it would have to be something of a more substantive nature.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: The timelines are set out in statute. Does that mean they are not flexible?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Like Covid-19, for example.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: During Covid-19, emergency legislation was passed pausing various elements of the planning system. This general provision would mean such a thing would not necessarily have to be done; there would be flexibility within the organisation.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Covid is an obvious one. There is simply no way timelines could have been kept. Who gets to decide? For example, let us say I was a chief executive, I was particularly bad at my job and I just did not manage the process properly. Therefore, times were not kept for bad reasons as opposed to something specific like Covid. This provision, even with the new wording, does not specify criteria...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Ultimately, a judge would have to decide whether the grounds were-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Is the new formulation of words here, which obviously is new because it is an amendment on which we will vote, from the existing planning and development Act or is it a new formulation that has subsequently been revised in the amendment?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: I move amendment No. 479: In page 127, between lines 33 and 34, to insert the following: "(vii) any language plans agreed in accordance with the Gaeltacht Act 2012 relevant to a Gaeltacht Language Planning Area, Gaeltacht Service Town or Irish Language Network within the functional area to which the development plan relates,".

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: I move amendment No. 483: In page 128, between lines 17 and 18, to insert the following: "(V) any language plans agreed in accordance with the Gaeltacht Act 2012 relevant to a Gaeltacht Language Planning Area, Gaeltacht Service Town or Irish Language Network within the functional area to which the development plan relates,".

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