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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: I move amendment No. 703: In page 247, lines 16 and 17, to delete "it may specify" and substitute "may be prescribed".

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

Darragh O'Brien: I move amendment No. 704: In page 247, line 21, after "licence" to insert "an industrial emissions licence,".

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

Darragh O'Brien: I move amendment No. 705: In page 249, to delete lines 20 to 23 and substitute the following: "(i) the date of the commencement of the part of the proposed development to which that aspect relates, or".

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

Darragh O'Brien: I move amendment No. 708: In page 250, line 20, after “Framework” to insert “or maritime spatial plan”.

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

Darragh O'Brien: I move amendment No. 715: In page 253, line 8, after “weeks” to insert “, or such longer period as the applicant may consent to in accordance with subsection (3),”.

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

Darragh O'Brien: I move amendment No. 716: In page 255, line 5, to delete “section,” and substitute “section”.

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

Darragh O'Brien: Is it the one "Where the commission fails"?

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: It is in section 124(5)(b)(iv), where it states, “pay to the applicant a sum equal to such proportion of the fees paid to the Commission as may be prescribed". It is the same.

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

Darragh O'Brien: It is a second period.

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 is. It provides "t]he period within which ... shall not exceed one week from the date of the expiration”.

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

Darragh O'Brien: Subsection (5)(c)(ii)(II) provides that “the period within which it will make that decision (which shall not exceed one week from the date of the expiration of the period first mentioned in this paragraph)”.

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

Darragh O'Brien: No.

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

Darragh O'Brien: Yes, it does. You basically have another week to make a determination on it. You will have been levied the fine.

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: According to subsection (7), "A failure by the Commission, in making a decision ... in relation to an application, to comply with a time period specified in this section shall not invalidate the decision." Then there is a reference to "Where the Minister considers it necessary or expedient that decisions under" the relevant section. It has to make the decision within a week. It states that...

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

Darragh O'Brien: Sorry, going back to that. On page 253, subsection (5)(c)(ii)(II) refers to “the period within which it will make that decision”.

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

Darragh O'Brien: It has to, yes.

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

Darragh O'Brien: They will have to notify the Minister. That is what I was referring to with regard to the provision on the next page, which states: A failure by the Commission, in making a decision under section 121 in relation to an application, to comply with a time period specified ... shall not invalidate the decision. ... Where the Minister considers it necessary or expedient that decisions under...

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