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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: No, it would not.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: Yes, it is. The objective is to get councillors focused on high-level strategic objectives rather than getting into the nitty-gritty detail of small localised issues. They absolutely have roles there but it is to get that overarching strategic vision embedded into the process.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: What is the question there?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: We will check that and come back on that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: We are satisfied that it covers the people who are required to be covered in respect of protected structures and their duties towards them.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: We do not consider that those categories are required to be included here.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: It would have to be the owner or occupier.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: Someone is always the occupier even in the event of a dispute. There is, therefore, still a responsibility there.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: Is that the case if no one is occupying the site or the protected structure?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: Yes. The definition of "occupier" in section 2(a)(ii) is a person who "is entitled to the immediate use, enjoyment or control of the land". The person does not actually have to be physically occupying it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: There will always be an occupier, even in a legal dispute.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: As I understand it, even under the circumstances where there is a dispute, both parties would still be served with a notice. The key component is regarding the registered owner.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: I might reply on that point before Deputy Ó Snodaigh comes back in. Going back to the definition of "owner", the Bill provides: “owner” means— (a) in relation to land, a person, other than a mortgagee not in possession, who, whether in his or her own right or as trustee or agent for any other person, is entitled to receive the rack rent of the land or,...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: I will come back to the Deputy on that, if that is okay. I am still not 100% sure myself.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: That would be really useful for clarification for everybody. We will do that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: If the Deputy wishes to speak to them all, he may.

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