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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Niall Collins: I apologise, I am just not getting this piece. Will the Deputy run it by me again?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Niall Collins: We are deleting that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Niall Collins: A retention permission cannot be extended. The wording is to bring clarity to that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Niall Collins: The officials and the legal people have looked at this and the advice was to ensure it would comply fully with all substitute consent permissions.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Niall Collins: Yes, that is what I am advised.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Niall Collins: Yes, because a retention permission does not have a duration.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Niall Collins: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Niall Collins: Yes. There is no expiration of a retention permission. A normal permission runs for five years, as the Deputy knows.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Niall Collins: Correct.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Niall Collins: It is in the here and now.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Niall Collins: Substitute permission is retrospective consent under the Bill.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Niall Collins: I have a brief which I will refer to as it might bring clarity for the Deputy. Retrospective consent is defined in the Bill to mean retention permission for a development or part of a development in respect of which an appropriate assessment or environment impact assessment is required. Retrospective consent is a way of regularising an unauthorised development where an EIA or AA of the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Niall Collins: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Niall Collins: Well, our advice is it does.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Niall Collins: What is it the Deputy is saying? Is it that if someone is looking for retrospection on something that exists, he or she might tag on a future development as part of it?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Niall Collins: To regularise it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Niall Collins: How would the Deputy envisage that? Would it be a case where a development was required to assist in the regularisation?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Niall Collins: Yes. I see the point the Deputy is making.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Niall Collins: Would the Deputy not think the planners would condition it?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (14 Feb 2024)

Niall Collins: No. The official is advising me the answer is "No".

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