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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: We are inserting the term “retention permission” and deleting the word “retention”.

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

Niall Collins: Yes, it is consequential.

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

Niall Collins: If something is found to be illegal, it is unauthorised. It is not in compliance with the permission which was originally granted.

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

Niall Collins: The development may not complied with what was authorised.

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

Niall Collins: Specifically-----

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: They are, yes.

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.

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