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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: 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,".

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

Eoin Ó Broin: It is a clarification and a point for the Minister of State and his officials to consider between now and Report Stage. Section 55 deals with the chief executive's report on the adjustment of housing development strategies.

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

Eoin Ó Broin: I apologise; I have got ahead of myself. I alert the Chair that I will also have a question on section 55 when we get to it.

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

Eoin Ó Broin: I think that would strike the balance between what Deputies McAuliffe, Higgins and I were saying regarding the desire to not reopen the plan again. Clearly, that is not the purpose of the mid-term review.

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

Eoin Ó Broin: I thank the Chair and welcome the Minister. I have a question but also a suggestion for consideration by the Minister and his officials between now and Report Stage. As he knows, section 55 relates to the chief executive's report on adjustment of the housing development strategy. It reads: The chief executive of a planning authority shall, where he or she considers that there has been a...

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

Eoin Ó Broin: As the Minister was saying that, I looked at the definitions section to see if there is a definition of "private market".

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

Eoin Ó Broin: I will not make a big deal of it. There does not need to be a long list. It might be that there is just some general provision. Maybe I will come back to it on Report Stage, but it might be no harm-----

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

Eoin Ó Broin: -----or other matters or-----

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