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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: The purpose of this section is it places an obligation on planning authorities to develop a strategy for conservation and it lists a range of issues that would be included. I want to have those SACs included in the consideration for that strategy. That is the first part of the amendment. The second part is that there would be no harm in developing that strategy to look beyond the current...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: I look forward to that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: I accept that some of these are minor amendments but I do not accept that all of them are. I would like the Minister of State to go through six amendments in this group individually and explain the rationale and consequences. The first one is amendment No. 26. Could the Minister of State explain the use of the phrase "retrospective consent"? Regarding amendment No. 581, I am looking for...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: Just before the Minister of State moves on to amendment No. 26, while I understand what retention permission means in that sense, why is it being inserted here? What is the value of inserting retention permission in this particular section?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: I am genuinely not being awkward but what I am trying to get at is why that is being done.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: Some of these definitions and sections end up being subject to significant legal challenges, not only in the Irish courts but in the European courts. The specificity of the language is probably more important here than in other places. What is the utility of splitting "permission for development or retention" into "permission for development" and "retention permission"? That is the bit I...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: How does that differ from retention because retention is the seeking of permission after the fact?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: I get that and that change is being made a number of times. The reason I am querying it is I am wondering whether “retention permission” has a greater utility than “retention”?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: The process by which one seeks retention is not being changed in that people will always have to apply for retention.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: Okay.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: I ask for an explanation of amendment No. 586.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: I am asking about the rationale for deleting the word "retention" in this amendment.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: This is consequent to the earlier amendment. On the rationale for the deletion in amendment No. 587, is it also consequential?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: On amendment No. 588, which inserts the words "retention of unauthorised development", why is the word “unauthorised” used? There are occasions where a development can be authorised but subsequently found not to be legal. Therefore, one could have a situation where one could have retention of what was initially an authorised development.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: Alternatively, the permission could have been challenged subsequently in a superior court so the original planning grant could have been authorised and the development could have been-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: It may not have exactly complied. Is the Minister of State saying that is captured in-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: An unauthorised development will include all categories, even where it might have been at one stage authorised but subsequently found to be-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: Is the Minister of State and his officials satisfied with that?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: Amendment No. 790 proposes to delete the line "in relation to any permission for the retention on land or a maritime site of any structure" and replace it with the words “in relation to retention permission for any unauthorised structure”. That seems to be a significant change.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Eoin Ó Broin: Yes. It is because it is confusing is the reason I am asking. I will explain afterwards. My understanding is that a sentence would be deleted by this amendment, which is "in relation to any permission for the retention on land or a maritime site of any structure"

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