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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: I am always trying to think of what is the logic or the rationale for these. Let us say this manager is sitting there looking at the planning application. They are of the view the application will fall foul of the development plan. If they refuse the permission it is likely to be appealed to the board and because obviously the board has a different relationship with the development plan...

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

Eoin Ó Broin: Okay. I ask the Chair to indulge me for a second because this is important. It is not just that there might be some aspect of the development that contravenes the development plan, but it could include zoning, for example. This procedure could, therefore, be used to effectively alter the zoning of the land. Ultimately, you would not be changing the zoning, but you would be allowing a...

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 what page is this on?

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

Eoin Ó Broin: The vote has a three quarter bar.

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

Eoin Ó Broin: I have two additional, quick questions. Just to be clear, this procedure can be used to allow a category of development not permitted under the zoning matrix, as long as it fulfils all of those procedures. There is an element of backdoor rezoning - backdoor is probably an unfair phrase - or an expedited rezoning, if only for that one development but not for future developments on that land.

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

Eoin Ó Broin: Yes, it is only for that development.

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

Eoin Ó Broin: Under subsection (3) on page 216 the planning authority "shall give notice". If it is going to utilise this procedure, there will be a notice. That notice will be "in such form and manner as may be prescribed". By whom may it be prescribed? The notice will be to the "public and to such persons as may be prescribed of any motion" and "submissions may be made". There seems to be a...

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

Eoin Ó Broin: Yes but the subsection goes on to say that the notice will be "in such form or manner as may be prescribed".

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

Eoin Ó Broin: Apologies.

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

Eoin Ó Broin: Obviously, the regulations have not been written yet but if it is a very significant piece of infrastructure, for example, and it has a significant land use impact, I presume the regulations are going to ensure that anybody who will be significantly or materially interested or affected by the change will be given an opportunity to make submissions.

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

Eoin Ó Broin: That is the intention with respect to the regulations.

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

Eoin Ó Broin: Why this process as opposed to a material contravention? I think I already know the answer but I would like the Minister to put it on the record. This puts the councillors in an unusual position. Let us say it is a large, economic development. This would be putting the elected members in a position where they are not deciding the planning permission but clearly the indication from the...

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

Eoin Ó Broin: Okay, so it is the actual planning consent.

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

Eoin Ó Broin: Wow.

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

Eoin Ó Broin: It is effectively the planning decision.

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

Eoin Ó Broin: How do we ensure, in the use of such a procedure - not in the current context, to be very clear, but hypothetically - that we can prevent a Liffey Valley scenario, for example, from arising? How do we make sure that investors who may have very significant commercial interests do not try to predetermine the outcome, through bribery or some other method? One of the reasons that planning...

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

Eoin Ó Broin: I accept that.

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 suggesting it is and I want to be very clear about that.

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

Eoin Ó Broin: This is a stand-alone amendment but the next two are linked.

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

Eoin Ó Broin: No, amendment No. 682 is a stand-alone amendment and I will deal with that separately.

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