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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: We have had discussions with State utilities, by the way. We will re-engage and not just with Uisce Éireann. I know there have been discussions with the Uisce Éireann, the airport authority, Gas Networks Ireland and so on right the way through in preparation. They are very important utilities and State bodies for the State. On this specific matter, I will try to understand it...

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

Darragh O'Brien: There are two things. On page 219, section 98(4) is about where they have not made a decision and it reads “Where the planning authority fails to make a decision under section 95 in relation to an application ... within the relevant period (or such longer period as the applicant may consent to in accordance ... it shall notify the applicant thereof as soon as may be”. Section...

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: Chair, amendment No. 666, which obviously-----

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

Darragh O'Brien: -----is not in the Bill as published, states: In page 220, line 3, after “weeks” to insert “, or such longer period as the applicant may consent to in accordance with subsection (2),”. I do not think we have got to that amendment yet, but that is why that is not there. That will-----

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

Darragh O'Brien: Yes, we have, but it is not-----

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

Darragh O'Brien: It does, but that decision would be to seek additional information. Say you have agreed the extension in time for the decision to be made and the assessment is made. The planning authority is not precluded at that stage from seeking further information.

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: The decision would be within the extended period. A planning authority may feel that it needs additional information, so it has not made a determination on the final decision as to a grant or a refusal, but there is nothing to preclude it in that extended period from saying, "Applicant Ó Broin, we require X further information." Then that comes back into the process.

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. That is correct.

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

Darragh O'Brien: It is actually not a radical change. It pretty much reflects what is in the existing Act, so I do not see it as a radical change, no.

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

Darragh O'Brien: Oh, on the utility front. Sorry. On the utilities side of things, and getting back to Deputy McAuliffe's amendments, I have already said that, specifically to try to understand what their concern or issue is relating to this section, we will engage with them again. To be clear with people, we have engaged with all stakeholders across the board, including public utilities. We will do that...

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

Darragh O'Brien: I get the point being made. I need to engage with them to work that through with them and we will come back on Report Stage-----

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

Darragh O'Brien: For absolute clarity's sake-----

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

Darragh O'Brien: -----subsection 98(2) is a provision that already exists.

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

Darragh O'Brien: It is

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

Darragh O'Brien: Let me get absolute clarity for the Deputy on this once I-----

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

Darragh O'Brien: That is what I am trying to clarify.

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

Darragh O'Brien: Subsection 98(4) is effectively a new provision, but the remainder of that section is an existing provision. The other provisions that are there-----

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

Darragh O'Brien: I did not know that point was made before. It might be helpful for the purpose of letting the officials speak, because they have some information which they cannot speak to in public session, if members wanted to go into private session for two minutes so we can get this clarified.

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