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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: That is very clear. I have a couple of specific questions but I-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: The only reason this is important is that a local community or local representatives could have put a great deal of effort into the local area plan. Their new development plan might conclude within six or 12 months and, therefore, there is a-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: Sure.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: I would like the Minister of State to explain a few of the individual mechanisms and I might have questions. Perhaps we can go through them one by one. There is not a large number of them. Amendment No. 61 deals with exempted developments. Will the Minister of State clarify this please?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: I do not understand, apologies.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: If they have not commenced they will fall under the new Act. Perfect.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: Correct me if I am wrong but this is with respect to section 12 of the Bill in front of us, which deals with licensing appliances and cables.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: Yes. Does this mean if I have applied for a licence for an exempted development under the existing provisions but I do not commence it when the existing provisions are being repealed, I then have to wait until the new provisions of the new Act are enacted before I can then reapply for a licence and proceed?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: To commence.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: So that I am clear, this is a slightly different explanation to the first one.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: According to the first one commencement seemed to the deciding factor. Just so that I am clear, what the Minister of State is saying is that if the licence gave a period of time-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: -----within which to commence, if it was not commenced at the point of repeal of the existing legislation and after the enactment of the new legislation, but if it was still within the licence period to commence-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: Yes. That licence applies irrespective.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: That is my point. This is for clarity as I am conscious there are people outside looking in. Let us say I get a licence for X and that licence has a defined time period.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: Again, just for clarity, if it is with respect to a exempted development commencement is the key issue.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: If it is with respect to a licence to develop, it is the time period of that licence when granted and not commencement.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: Yes and some of this is not even to make a case for or against it, it is just for clarity.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: With respect to my amendment to amendment No. 104-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: It is, yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Eoin Ó Broin: I am keen for the Minister of State to fully explain amendment No. 104 and particularly how it pertains to existing section 5 declarations where they are held by first parties or third parties during the transitional period. Will the Minister of State explain whether there is any change to the status and strength of the section 5 declarations during the transitional period under proposed...

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