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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Eoin Ó Broin: I am going to withdraw amendments Nos. 112 and 114 when we get to them.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Eoin Ó Broin: I am giving the Chair an indication of my intentions.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Eoin Ó Broin: No. I will move onto them now. They are separate, so I would not mind us dealing with them separately.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Eoin Ó Broin: When I read section 12(9), I could not understand why it was split between paragraphs (a), (b) and (c) and even paragraph (b) itself was split. Clearly there is a set of rights to appeal. Is there a rationale for those different rights? Section 12(9)(a) provides that "Any person may appeal the refusal". Section 12(9)(b)(i) provides that any person may appeal "the grant of a licence", but...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Eoin Ó Broin: It has no function other than layout. Subsection (9) is separated into various paragraphs.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Eoin Ó Broin: I want it to be said definitively on the record that subsection (9) could only be enacted as a single subsection. Would it be possible to separate the different paragraphs within it and enact them separately?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Eoin Ó Broin: My other question is on the second amendment, which also relates to this section.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Eoin Ó Broin: Yes. The Minister of State has clarified amendment No. 115 for me. Regarding amendment No. 116, one thing that does not seem to be provided for in this section is the right to appeal the revocation. Is it possible to appeal the refusal of a licence under section 12(9)(a)?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Eoin Ó Broin: I move amendment No. 108: In page 52, between lines 34 and 35, to insert the following: “(3) (a) An advertising structure or town or landscape map shall only be granted a licence by a planning authority under this section where advertisements on a structure and information on a map are in the Irish language or in both official languages. (b) A planning authority may issue...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Eoin Ó Broin: I apologise, but the Chair is moving a bit too quickly. Did he say there is an amendment to this section?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Eoin Ó Broin: Will the Cathaoirleach give me literally 30 seconds?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Eoin Ó Broin: I just want to make sure I am happy to let it go through.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Eoin Ó Broin: I have a couple of questions on this section. I would like clarification on two very minor points. I assume these are transitional arrangements to deal with that period. It would be helpful if, for the record, the Minister of State could outline what sections 261 and 261A of the 2000 Act do that this transitional mechanism relates to. It would be valuable to have that on the record. I...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Eoin Ó Broin: Section 14 of the Bill states: The repeal of section 261 of the Act of 2000 shall not have effect for the purpose of any notice issued under that section at any time before such repeal. What is it that someone is doing up until the point of repeal that he or she can continue to do? I am asking so that we can be clear on it. What happens post repeal? Is that dealt with in some other...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Eoin Ó Broin: The Minister of State is saying the section means that this repeal will not in any way invalidate any enforcement proceedings currently under way.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Eoin Ó Broin: When sections 261 and 261A are repealed, what will replace them? I assume there is a provision somewhere else in the Act or in the Minister of State's amendments to replace them.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Eoin Ó Broin: Yes, take your time. There is no rush.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Eoin Ó Broin: We have dealt with retrospective consent and enforcement comes later on. Whatever was captured by sections 261 and 261A of the 2000 Act will be captured by either the retrospective consent or enforcement sections of this Bill.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Eoin Ó Broin: That is fine. I just wished to clarify.

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