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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: Just so I am clear, that was not my question. Given that the Minister of State said at the start that in the main, these four amendments are really a provision for the planning authority-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: The Minister of State absolutely said that both the applicant and the planning authority could avail of this. He said that very clearly. However, he then went on to say - I cannot remember his exact words - that this is a provision that the planning authority may choose to avail of if it needs some extra time. Under the Planning and Development Act 2000, if I have a standard planning...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: My understanding is that a planning authority cannot do that currently but I will stand corrected if it is in the Act.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: My question is different.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: Again, my understanding is that with regard to a standard planning application to which a statutory timeline that is very clear and fixed applies, the planning authority currently does not have the capacity or ability to ask for an extension. That is really important.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: If that interpretation is correct and that is not a facility that is currently available to planning authorities-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: Where the planning authority can seek an extension of time on a voluntary basis from the applicant.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: Of the Act rather than the Bill.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: These are questions for clarification. There is a substantive issue I want to get to. It is significant that we are not clear right now whether what is proposed is the same as what currently exists or new.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: That is not exactly what the Minister of State has said insofar as he has said he wants to get absolute clarity on that and give us-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: I ask the Minister of State to bear with me. I raise the point only because our job here is to consider these amendments. Some of the questions we may raise and some of the commentary we may make would depend fundamentally on whether we can categorically say that what is proposed both by way of the amendment and what the amendment is amending in the Bill is exactly the same as the current...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: In this, the standard six-month period would no longer apply-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: -----because the planning authority would have to take the decision within the agreed extra period.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: In some senses an FI request would be redundant unless it was something relatively minor.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: The Minister of State keeps using the phrase "small bit of time".

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: My next question is whether this provision is designed, or is it the intention of the provision, to avoid a planning authority using an FI request when it really needs just an extension of time.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: What is it there for? What problem is this trying to fix?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: It can but it still has to make the decision within the agreed period, whether the information comes back or not.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: Ultimately, we are speaking about section 98 of the Bill versus section 34(9) of the Act. What might be very helpful in advance of us getting to section 98 of the Bill is if could have as detailed a note as possible. To avoid us having a circular conversation about something we cannot answer, I am really interested to know the differences between the procedure set out in section 98 of the...

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