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Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Cian O'Callaghan: I think the point the local authority was making to us was that people can still go to the local authority and seek enforcement action. What is the significance of getting a declaration as opposed to requesting enforcement action from the local authority? Why might a declaration be sought?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Cian O'Callaghan: Is Mr. Jones aware of cases of people who might have got a declaration from a local authority, been unhappy with it, contested it and appealed it to the An Bord Pleanála, where the board came up with a different outcome?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Cian O'Callaghan: This would potentially remove all that and remove the accountability for local authorities such that what they say is or is not exempted development will be taken as fact, whereby there will be no ability for anyone but the landowner to challenge that question, get a view from An Bord Pleanála and appeal it. That level of oversight and accountability will all be gone.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Cian O'Callaghan: As for what may or may not fall into whether something is an exempted development on which people want to see declarations, it includes the typical kind of house extensions Mr. Jones was talking about and developments such as quarries. What else could be a grey area?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Cian O'Callaghan: It is clear, objective and transparent and, over time, the process will help build up clear, objective and transparent information and decisions that can inform all the practice around planning enforcement.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Cian O'Callaghan: The process helps in providing more information and certainty, and these changes that have been proposed in the draft Bill mean there will be less of that. Everybody wants more certainty and clarity. That is in everyone's interest.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Cian O'Callaghan: I agree with Mr. McLaren. There has been a problem with the discourse around planning in recent years, in that it has been discussed as if it is a burden. However, good planning leads to successful, sustainable, cohesive and vibrant communities that people want to live in, feel happy in and so on. That needs to become part of the discussion again. I agree that higher-level aims should be...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Cian O'Callaghan: I think there are three issues with community engagement. As Mr. Lawlor has identified, there is a lack of resources. There is also a feeling in communities that if the area plans may end up being breached, there is no point in engaging in the process in any event. Third, there is often a deficit in the particular skill set around public engagement with communities. I want to turn to...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Cian O'Callaghan: There is an issue around school places as well.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Cian O'Callaghan: Do any of the other witnesses have a view or wish to comment on that?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Cian O'Callaghan: I think that is quite clear. In respect of childcare and school places, there needs to be-----

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Cian O'Callaghan: Is there any other area where there is a particular gap in objective data that needs to be addressed?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Cian O'Callaghan: Provision of space.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Cian O'Callaghan: That would really be for the local authority to do, would it not? To make it more available.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Cian O'Callaghan: In some other countries, cost recovery is the principle and is effectively attached to the costs of the land over time, so land prices take it into account. It is not just planning but also the infrastructure. Has the new section of the Bill, head 294, been discussed in terms of enforcement action and the public taking enforcement action against illegal developments?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Cian O'Callaghan: There is no logic anyone can see of section 9.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Cian O'Callaghan: Is there anything else that stands out as not covered?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Cian O'Callaghan: After the committee meeting, as the witnesses all have planning expertise, it would be beneficial if they could examine the list of possible planning conditions under head 83 and say if there is something that stands out there as not covered.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Cian O'Callaghan: Even if it is similar to the current one, there could still be something that should be explicitly listed there. If the witnesses have time, perhaps they could take a look at that. There was some discussion earlier about having the documentation, what documentation is available and what is available online. Head 335(3)(a) states that planning documents may be made available. There was...

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