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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 seems absolutely sensible. In plain English, what exactly does the insertion of the text in parentheses do? I am reading the paragraph to make sure I am completely clear. Obviously, in the first of these amendments it relates to an application for retention. Therefore, it applies to the application for retention individually in and of itself, or "in combination with any plan or other...

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 disputing it. I ask the Minister of State to explain it. I take it that "plan" means any existing plan like a development plan, local area plan or co-ordinated area plan and that "other project" means any other physical development that is taking place in the area.

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

Eoin Ó Broin: Therefore, it is not just the retention application in and of itself - it is also that development in the context of plans and surrounding developments.

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

Eoin Ó Broin: Perfect. That is nice and clear.

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

Eoin Ó Broin: I will speak in support of amendment No. 649 and make three more general points for the Minister and his officials to consider separate to the amendment, on which he has made his position clear. My own local authority area, South Dublin County Council, has a very good online system. It is not just good for applications. There is a really good online mapping system where I do not even have...

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 trying to convince the Minister regarding the amendment. All I will say is that the delay is caused by two factors – the scanning of the documentation, as Deputy McAuliffe rightly outlined, and verification. There still an issue around delayed access to files and, as a result, there is a more limited time period for the public to engage. I hear what the Minister is saying...

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. 660: In page 216, to delete lines 14 to 20. This relates to section 96, entitled “Application for permission for development in material contravention of development plan or National Marine Planning Framework”, which states: and (b) in the case of development or proposed development referred to in paragraph (a) of subsection (1), 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: Amendment No. 660 relates to section 96.

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

Eoin Ó Broin: The origin of this amendment is the Irish Planning Institute, in one of its written submissions to the committee as part of its general concern over the role of the national planning policy statements, much of which we discussed when we dealt with those sections of the Bill, specifically making a case for the removal of section 96(2)(b). The logic of this is to try to keep a clear...

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

Eoin Ó Broin: My concern is that the Minister is not dealing specifically with the argument I am putting to him. With respect, he is not dealing with the specific argument I am presenting, which is that this provision is a significant overstretch in permitting material contraventions of development plans. Let us keep in mind that these development plans have already been through what is now a rigorous...

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

Eoin Ó Broin: That is okay. I get that this stuff is tricky. However, to take the example of the cases brought Dublin City Council against An Bord Pleanála on grounds of material contraventions of plans, if this provision had been in place at that time, there would have been a very different outcome from the one reached under the existing provisions. That is what this is really about.

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

Eoin Ó Broin: Okay.

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

Eoin Ó Broin: To be clear, what the Minister is saying is in cases where the local authority itself is bringing forward a material contravention, that material contravention must be in line with the national planning policy statements. My understanding was this was with respect to consents by the commission. I may be incorrect and I am happy to stand corrected on that.

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

Eoin Ó Broin: I apologise but that is not how I am reading it. Again, I am more than happy to stand corrected. How I read section 96(2)(b)-----

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

Eoin Ó Broin: Okay. It is important we have this clear. This obviously refers back to section 92 on applications for permission for standard development. An applicant puts in a planning application to the local authority. If I understand the Minister right, he is saying that where the application is in material contravention of the development plan at the point of application this provides a procedure...

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

Eoin Ó Broin: Not the development plan. With the national planning framework and the national planning policy statements.

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

Eoin Ó Broin: That resolution is to be voted on by the members of the-----

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

Eoin Ó Broin: Okay. Again, just so we are crystal clear, let us say my application goes in. It is in clear contravention of the development plan. The management take the view this is worthy of progressing and in order to allow it progress and for them to approve the planning permission, they have to table a resolution to the elected members that notwithstanding the content of the development plan, in...

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

Eoin Ó Broin: Okay.

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

Eoin Ó Broin: I may have missed this but where in this or the related sections does it indicate the planning application would have to be of significance or importance or could it just be with respect to any planning application?

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