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Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Cian O'Callaghan: I will not press the amendments.

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Cian O'Callaghan: I move amendment No. 26: In page 8, lines 19 and 20, to delete all words from and including “when” in line 19 down to and including line 20 and substitute “by publishing it online on the planning authority website within five working days of the opinion being issued.”.

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Cian O'Callaghan: I move amendment No. 35: In page 9, line 29, after “(a),” to insert “not”. I will speak to amendments Nos. 35 and 42 together because they are related. My concern is that this part of the Bill will have the effect of tying the hands of the local authority, or planning authority, regarding decisions that have already been made through the SHD process. I am...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Cian O'Callaghan: I wish to respond briefly. I am concerned that this wording means a local authority cannot take into consideration other issues such as if it considers planning permission already granted not to be viable and is not getting built. Local authorities may not be allowed to take that into consideration in this regard. That is my concern so I will be pressing this amendment.

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Cian O'Callaghan: I have the same concerns about this section. It stood out for me too. I wondered why it was included in the Bill. I would like to hear from the Minister the rationale for this section and why it is in this particular Bill. How is it related to the rest of the Bill? Is this specifically needed in this Bill or could it have sat in other legislation? What is the origin of this section?...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Cian O'Callaghan: It would be useful to know what are the origins of this. The Minister can correct me if I am reading this incorrectly. Is it that the planning review is being undertaken now and that some things are coming out of it that the Minister is already advancing into legislation, this is one of those things and we can expect more of them before the planning review is completed? Do I have that...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Cian O'Callaghan: I appreciate that all legislation is brought forward by the Minister. I was asking what where the origins and where the idea for this originated from. Perhaps it originated with the Minister but, if it originated elsewhere, we are none the wiser on that. It is a legitimate issue to ask and I want to make that point. Has any analysis been done on how this will affect people's access to...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Cian O'Callaghan: My amendment No. 40 is near identical to that of Deputy Duffy and seeks to ensure that apartments are included. This part of the Bill specifically mentions housing need in terms of owner-occupiers and references, in particular, houses and duplexes. Therefore, it is entirely appropriate that apartments are named as well. As Deputy Duffy has said, there are lots of people for home...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Cian O'Callaghan: Section 2 of the Planning and Development Act includes the definition of a house that includes apartments. Do duplexes fall outside of that definition?

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Cian O'Callaghan: I am the Social Democrats' Whip and I was not spoken to. I appreciate this has been done for practical reasons so I was just asking about it.

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Cian O'Callaghan: Do duplexes come within the scope of the definition to which the Deputy referred?

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Cian O'Callaghan: I appreciate that. If duplexes do fall within the definition yet state houses and duplexes but not apartments, then that is unhelpful to say the least. I appreciate that this is in the definition in section 2 of the Planning and Development Act but good legislation should be clear and unambiguous as much as possible. Good legislation should not have to involve wording like this that...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Cian O'Callaghan: I move amendment No. 40: In page 11, line 6, after "houses" to insert ", apartments".

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Cian O'Callaghan: I move amendment No. 41: In page 16, lines 4 to 6, to delete all words from and including "only" in line 4 down to and including "34" in line 6 and substitute "be made public by publishing it online on the planning authority website within five working days".

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Cian O'Callaghan: I move amendment No. 46: In page 17, line 15, to delete “16 weeks” and substitute “five weeks”.

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Cian O'Callaghan: I move amendment No. 51: In page 18, between lines 8 and 9, to insert the following: “Amendment of section 28 (Ministerial guidelines) of Planning and Development Act 2000 18. Section 28 of Planning and Development Act 2000 is amended— (a) by the deletion of subsection (1C) (substituted by the Planning and Development(Amendment) Act 2018), and (b) by the insertion of...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Cian O'Callaghan: Amendments Nos. 46 and 48 are on the interim measures. Amendment No. 46 seeks to reduce the timeframe from 16 weeks, or four months, to five weeks. The intention is to limit the further damage that can be done through the strategic housing development process and the interim measures that will potentially drag the strategic housing development process well into next year. I do not believe...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Cian O'Callaghan: I think there was a legitimate expectation that the SHDs would be wound up in October just past, so people were on notice about that. The point has been well made that if this legislation goes through, there will be a new system for people to be able to go into for large-scale planning applications, so it is not that there is not somewhere for new entrants to go and it is not as if they are...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Cian O'Callaghan: I move amendment No. 48: In page 17, to delete lines 17 to 32.

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Cian O'Callaghan: I move amendment No. 42: In page 16, to delete lines 8 to 25.

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