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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: No, I did not.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: Deputy O'Callaghan should go back and check the record. I did not say that. He should go back and check it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: I am telling Deputy O'Callaghan what the fact is. I do not want to have an argument about it but I did not say that. We have to allow that flexibility, for example, if an applicant makes an application and says it will take ten years or if a local authority says it will take five years but the planning authority thinks it will take longer. There is no other motive in any of this. It is...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: It would be very unusual, frankly, but potentially it could be for environmental reasons. It could be because something was carried out on the site that should not have been carried out but that would lead to an enforcement notice. I am trying to think myself of what the reason could be for refusal if a development was substantially complete and the works had been carried out on foot of the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: We are talking hypothetically here, as we do not have a specific case to talk about. I discussed section 166 earlier with Deputy Ó Snodaigh. If a person is refused for that part then no further work can take place and another application would have to be made.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: Yes. We discussed section 166 on page 303. It is very clear in section 166(1) and section 166(2)(a) and (b). It is at the bottom of page 303. I referred to it when Deputy Ó Snodaigh asked me a question a few moments ago. A developer would have to cease works if they were not compliant. I do not know what happens after that. The developer would obviously have to engage with the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: But the permission has been refused. If a developer has completed the first four phases within the time period, and they are fine, that is covered under section 166. If the developer has not commenced or completed another piece then an application must be sought for that. If the planning authority refuses it, the developer cannot do anything with it. The developer cannot work if there is...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: That is on the completion side of it. There would be examination. Again, if phases 1 to 4 have been completed, it would have to be signed off that they have been completed to the granted specification.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: We are not doing an investigation into it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: Does Deputy O'Callaghan want to ask me about a specific case? Does he want to just put it on the table and talk about it?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: Does Deputy O'Callaghan mean work that has already been done?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: First, in regard to that element of it, the work that is built out has to be done according to the planning permission that has been granted, and it has to be looked at. That piece has to be compliant. If other works have not been started or completed, it is a new application and the new application will be assessed by the planning authority taking into account all relevant facts. The...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: It is not an investigation.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: Section 135 is pretty clear.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: It more than likely would for big developments. The Deputy knows what I mean. It involves a planning permission.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: No. It is not for retention purposes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: It could not be misused for such purposes. It is about the extension of permissions.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: Yes.

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