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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: Ultimately it is a matter for the Government because it controls the Business Committee.

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

Eoin Ó Broin: That is a 20% success rate so far. If we have this throughout the Bill, we are on the Minister of State's side.

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

Eoin Ó Broin: Are you trying to convince the Minister of State to change his mind?

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

Eoin Ó Broin: I have a significant concern about the definition outlined in amendment No. 11. When we considered the Maritime Jurisdiction Act, if people can remember that far back, we had quite lengthy discussions around the issues of using the term "maritime area" versus "maritime site", which are not the same. They have different implications, depending on their use. We also had quite lengthy...

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

Eoin Ó Broin: It does. The question, however, is that across amendments Nos. 11, 32 and 33, there is confusion between, or mixed use of, site versus area. Why is one term used in one part of the Bill and a different one used in another, which is also Deputy O'Callaghan's question? Why is the definition of a site not included with the definitions, or at the same point as area is defined?

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

Eoin Ó Broin: I will make the same point. Why not just have a consistency of language in both sections? I ask the Minister of State to come back on the question of depth and height when it comes to "over or under". What is the scope of that and where is it defined? If not here, where else in other legislation?

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

Eoin Ó Broin: We are on our first date in relation to this Bill, so we will be lenient with the Minister of State. I get that these guys have been thrown in at the last minute, but we are only on amendment No. 11 or amendment No. 12 and the Minister of State is saying he is going to have to come back to us on a lot of the points we are raising. We want to be helpful, but we will end up replicating a lot...

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

Eoin Ó Broin: I am not sure I can support the amendment as it is, but I am more than happy for the Minister of State to come back to us on Report Stage, if that is what he is recommending. I am minded not to support amendment No. 11 at this point.

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

Eoin Ó Broin: Part of the problem is that the Minister of State seems to be defining "site" in a very geographically specific way-----

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

Eoin Ó Broin: -----as opposed to it being a more generic term, which is my understanding of its original legislative meaning.

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

Eoin Ó Broin: If I could be so cheeky, the Minister of State could always withdraw the three amendments, clarify the matter and reintroduce them. It would save us having to oppose them. I offer that as a constructive suggestion. Specifically in relation to amendment No. 33, obviously this is a new text that is replacing the text in the existing legislation. I ask the Minister of State to confirm, on...

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

Eoin Ó Broin: I am not so sure the Minister of State can say he is happy with it if he cannot actually explain what "over" and "under" mean, but I will leave that to him.

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

Eoin Ó Broin: When we were dealing with some of the original legislation, as the Minister of State will remember, we had very lengthy discussions around these things. Depending on how high or how deep they are, the types of development, or indeed unauthorised development, change significantly. I ask the Minister of State to confirm that in amendment No. 33, nothing has been omitted or left out from the...

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

Eoin Ó Broin: Amendment No. 33.

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

Eoin Ó Broin: I am not being awkward, but the Minister of State just said there is no definition, but it is a defined area. How can a-----

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

Eoin Ó Broin: Who gets to define how high over or how deep under it is? If this is to do with granting development or making decisions on unauthorised development, surely that is important.

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

Eoin Ó Broin: We will not get to amendment No. 11.

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

Eoin Ó Broin: We are not going to-----

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

Eoin Ó Broin: I have an outstanding request. I ask the Minister of State to clarify that under amendment No. 33, nothing has been omitted or excluded from the earlier definitions.

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

Eoin Ó Broin: That is my question. If I understood the Minister of State's original speaking note, amendment No. 33 removes a previous set of definitions around unauthorised development and there is a new set.

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