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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: We will issue the circular letter to the members. I will give a commitment that we will examine the issue in terms of the context of the Bill and updating the circular letter. It is an important issue. I am sure all Deputies could point to cases in their local authority areas. This is not something that is rare; it is quite common across the country, unfortunately. I again stress the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: It is its responsibility.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: I appreciate that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: Amendment No. 610 seeks to insert timelines for taking in charge as a further matter that may be subject to conditions. This is not workable in practice. The local authority taking-in-charge process is set out in section 238 of the Bill and a number of matters can influence how long this process takes. The matter of taking in charge can be a complex undertaking. First, the developer has...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: I draw the Deputy's attention to page 424 of the Bill and section 238 on taking in charge. Subsection (1) refers to cases where "the developer of, the owners’ management company of, or a majority of the owners of the houses in, a development requests that all or part of the public components of the development be taken in charge by the planning authority in whose functional area the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: I will go back to section 84 and the conditions that may be attached to a permission granted. Section 84(3)(h) refers to "conditions determining the sequencing of works and the period within which works shall be carried out" and section 84(3)(j) refers to "conditions for the maintenance, until taken in charge by the local authority concerned, of roads, open spaces, car parks and other public...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: It is provided for here. If it is okay, I might go back and consider how to address the points the Deputy has raised. I think we have addressed his points but it might be worth exploring further to see if there is anything we can do to strengthen the Bill.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: We give a commitment in that regard.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: The Deputy is talking about amendments Nos. 626 and 628.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: Is amendment No. 630 also to be included?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: Amendments Nos. 626 and 628 propose to delete sections 84(5)(a) and 84(6) of the Bill, which allow the planning authority or the commission to attach a condition requiring the construction or financing, in whole or in part, of a facility that would be of substantial gain to the community in the area of the development and the provision or financing, in whole or in part, of a service that...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: I will repeat it in full. Amendments Nos. 626 and 628 propose to delete sections 84(5)(a) and 84(6) of the Bill, which allow the planning authority or the commission to attach a condition requiring the construction or financing, in whole or in part, of a facility that would be of substantial gain to the community in the area of the development and the provision or financing, in whole or in...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: I addressed amendment No. 630 with amendment No. 629 but I will reiterate my note. The amendments seek to amend the language of section 84(11), which provides for points of details to be deemed to have been agreed after an eight-week period has passed and where the planning authority has not responded or referred the matter to the commission. The language proposed in these amendments does...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: I move amendment No. 627: In page 201, line 5, to delete “benefitting” and substitute “benefiting”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: The Deputy might give us a few minutes to consult.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: One of the Deputy's questions is on section 84(10), is that correct?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: The Deputy's question with regard to 84(6) is that a new-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: It is new.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Malcolm Noonan: The question is on how it is calculated.

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