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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: 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".

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: Retention will be granted for what is in existence, and permission with a time limit will be granted for the additional one.

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

Niall Collins: I imagine it will be conditional.

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

Niall Collins: There will not be an expiration of what is retained, but there will be a time limit for completion or additions. If there is another development, a time limit will be built into it in the normal way.

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

Niall Collins: It will be a permission to retain and develop. The application description will be to retain and to-----

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

Niall Collins: Based on the legal advice, yes.

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

Niall Collins: The water framework directive is being dealt with separately.

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

Niall Collins: Retrospective consent deals with EIAs and AAs.

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

Niall Collins: Yes, only.

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