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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 have two related questions. We received documentation from a number of the public utilities – Gas Networks Ireland, Uisce Éireann, ESB and the Dublin Airport Authority. I am not saying this is correct but just to give the Minister a sense of it, to expand on Deputy McAuliffe’s point and to say it was not just Uisce Éireann, although he is absolutely right in that,...

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

Eoin Ó Broin: Seeking further information but also – I do not think the Minister was here when we had the discussion on another section – I understand elsewhere in the Bill the planning authority could still seek further information but that request for further information would not materially impact the new deadline for the decision. Therefore, it effectively made certain kinds of FI...

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

Eoin Ó Broin: I just want clarity on the following point, and I think we are almost there. I am the planning authority, I am assessing a planning application and I come to a point where I will not be able to make a decision within the time period. I can use section 98. I go to the applicant and ask if I can have an extension. If they agree, the decision has to be made within a set period. One of the...

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

Eoin Ó Broin: This is only for clarity; I am not arguing the point. Am I correct in saying that if the procedure of section 98 is utilised, the decision has to be made? I can ask for all the further information, FI, I want but the decision will have to be made within the agreed time period-----

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

Eoin Ó Broin: -----whether that information has come back or not, and that decision is to grant or to refuse.

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

Eoin Ó Broin: But that is only if that additional information is available or can be collated within the additional time. We know that one of the reasons there is a six-month time period for further information requests is that sometimes they are surveys of a seasonal nature or things where the information is not necessarily available. All I want to be very clear about - I think 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: It is not even a point. When we discussed this matter previously, there was some confusion as to whether this facility was already available. I cannot remember which Minister or Minister of State was with us, but I am pretty sure he said he would seek clarification and bring it back to the committee.

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

Eoin Ó Broin: It was Kieran O'Donnell who was here.

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

Eoin Ó Broin: My memory is coming back to me now. Correct me if I am wrong-----

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

Eoin Ó Broin: -----but Kieran O'Donnell was not able to answer clearly the question. Is it possible today, under the existing Act, for a planning authority to request an extension of time-----

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

Eoin Ó Broin: -----in exactly the same way as here, other than the penalty, or is the penalty in the existing provision? The Minister calls it a refund; I call it a penalty. Let us split the difference.

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

Eoin Ó Broin: That is what Kieran said when we were asking him the last time.

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

Eoin Ó Broin: A hundred per cent.

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

Eoin Ó Broin: Just so we have absolute clarity, subsection 98(4) is the procedure whereby the planning authority can ask the applicant for some extra time and the applicant can agree or not. That is new. That does not exist currently.

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

Eoin Ó Broin: For the Minister's benefit, the conversation we had previously was that there was an earlier formulation and it indicated that the applicant could provide an extension but there was lack of clarity as to whether the planning authority could request it. Kieran O'Donnell gave an undertaking to come back to the committee with a note clarifying exactly what is currently there and exactly what is...

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

Eoin Ó Broin: This is quite important to clarify.

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

Eoin Ó Broin: Absolutely.

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. 671: In page 220, to delete lines 40 and 41, and in page 221, to delete lines 1 to 12.

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. 672: In page 221, to delete lines 21 and 22.

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