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

Darragh O'Brien: It would be duty-bound to assess the new one.

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

Darragh O'Brien: I will deal with amendment No. 684 first and then deal with the overall position with amendments Nos. 685 and 686. Under the Bill, the commission may grant permission in contravention of the development plan if the development is of strategic or national importance, having regard to the policy of the Government, that is, our national planning statements and Government policy. Amendment...

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

Darragh O'Brien: I am sorry to interrupt, but on the Deputy's first question, how would who know?

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

Darragh O'Brien: One would expect at that stage that either an application or an appeal is in.

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

Darragh O'Brien: Sorry-----

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

Darragh O'Brien: I get what the Deputy means.

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

Darragh O'Brien: I ask the Deputy to look at section 107(5)(a).

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

Darragh O'Brien: It will be guided by regulations.

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

Darragh O'Brien: That is where the local authority has already done it.

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

Darragh O'Brien: Yes.

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

Darragh O'Brien: It could be the need for a port, as an in extremis example, that is not designated in a development plan. We are seeing such things happening now on the offshore renewable energy, ORE, side, where we may need extensions to the footprint of certain ports as we develop our ORE capacity. An example could relate to that. Let us say a port authority makes an application for a servicing yard for...

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

Darragh O'Brien: Amendment No. 711 seeks to amend section 122 to add a provision that the commission shall remain free to determine whether or not there exists a material contravention before the provisions of this section apply. This amendment is not necessary as it is the function of the commission to determine whether the proposed development is a material contravention of the relevant development plan as...

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

Darragh O'Brien: I move amendment No. 663: In page 219, to delete lines 13 to 20 and substitute the following: “(b) comply (if it has not already done so) with— (i) subsection (13) of section 199, where the Minister issued a notice under subsection (10) or (11) of that section in relation to the development or proposed development to which the decision applies, or (ii) paragraph (b) of...

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

Darragh O'Brien: I will speak to amendments Nos. 668, 669, 671 and 672. As the Deputy has outlined, amendment No. 668 proposes to delete section 98(5)(d), which provides that, where an application is deemed refused because the applicant does not consent to an extended decision-making period, any fees paid by the applicant are returned. Amendment No. 669 proposes to delete section 98(6)(a), which provides...

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

Darragh O'Brien: The amendments tabled relate to the planning authority. There is a different section with regard to An Bord Pleanála, which we will come to and I will address that as part of the response. The argument made by Deputy Ó Broin regarding there being a backlog in the board due to a lack of resources is something I would not completely agree with. I want that on the record. We are...

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

Darragh O'Brien: No.

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

Darragh O'Brien: Exactly.

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

Darragh O'Brien: Yes. I thank the Chair and Deputies. We discussed the matter of resources a fair bit yesterday so I will not labour the point. For the matter of record, however, it was said that the board requires more than 300 staff, which it does. That is why it has a full sanction of 330 staff. Since 2022, 93 new posts have been sanctioned, 78 of which are filled. That is good progress, which has...

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

Darragh O'Brien: For clarity's sake, and pre-legislative scrutiny was mentioned, the submissions on timelines and penalties that were made related to An Bord Pleanála. We have worked with An Bord Pleanála since then, as I outlined. The reason I responded to the point about resources was Deputy Ó Broin rightly raised the issue. I responded to that. Deputy O'Callaghan mentioned advices given...

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

Darragh O'Brien: Amendment No. 664 proposes to add a regulation power that allows the Minister to prescribe limitations to the ability to extend the relevant period for making a decision on an application with the consent of the applicant. The Deputy may wish to come back in on the need for such a power because I am not 100% clear on it. He might like to give me further information and I can consider that....

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