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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Yes. That would be a new application.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I understand where the Deputy is coming from. He may want to introduce the amendment and then we can hear from Deputy Boyd Barrett and I will respond.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I thank both Deputies for the amendments. I can see some merit but we would have to balance this. If we recall our discussion a number of weeks ago on the role of councillors and decisions that are made, a design could go out in draft form, as it does, and if public submissions are then received, the Part 8 can, and in many instances is, amended on the basis of those public submissions....

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Does anyone else wish to comment before I respond further?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: It is only a handful.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I think it has been a decent discussion.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I take on board the views there. Let us use the example of the housing development, given by Deputy O'Callaghan, where because of public consultation and the councillors' interaction, a playground is added. If we made this amendment, and I do not want to be dumbing down on it, that would mean even what is deemed a positive change goes back out to another Part 8. We are going back again...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Not that it never ends, just that it lengthens the process and diminishes-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I will certainly reflect on the discussions we have had. The Deputy will see where the downsides are. In the main, they are with the process. I would again guard against legislating for exceptions and exceptional circumstances in a way that could have other consequences. As Deputy Ó Broin said, this relates to a small minority of cases. I would say a tiny number of Part 8 housing...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I have seen ones that were going to be brought forward and, on the basis of advance consultation, modifications were made to designs and things like that. It is extremely rare. I have been involved in elected politics since 2004 and, in my experience, I have certainly never seen a draft Part 8 proposal being brought in by officials without anyone having had sight of it. I take the point....

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I genuinely will reflect on the discussion. I will not give a guarantee that I will make any changes but I understand the points being made. We have to balance any provision with trusting our local elected members and respecting their reserved functions and interactions with their electorates. I will genuinely reflect on the contributions made on these two amendments.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I will respond directly to the Deputy because I can see merit in the intent of the proposed amendment. I just want to consider the ramification of such an addition, particularly as a decision to grant can only include conditions that it is within the applicant's control to achieve and comply with. I can see the merit in what the Deputy is saying. On foot of the last two amendments, which I...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: That would be the concern.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: This obviously relates to applications for permission. We have seen instances in which people have come back and said they cannot do a certain thing now. People would have been very clear on the phasing of certain elements only for that not to come to pass. I absolutely take the Deputy's point and will certainly look at that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: It would be a condition of a planning permission. It would be the planning authority.

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