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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: I understand that they could make the case because anyone could make the case. However, how is the threshold set? What does that mean in terms of-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: Sure, and our function is to understand the legislation and the wording here. On the phrase, "directly or indirectly materially affected", can the Minister give-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: A material interest as used in some other contexts, normally means economic or monetary; it is not that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: It is anything that directly or indirectly affects-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: Or property or any ties.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: Yes. This is a proper grouping, so I will speak once as there is one issue. They are amendments Nos. 1017 to 1026, inclusive. The section is on time limits with respect to enforcement action. Rather than the envelope for time being seven years, I am seeking to change it to 15 years. It is fairly clear. It is not so complicated, unlike many other aspects of the Bill. I look forward to...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: The Minister has put forward an interesting counterargument. I personally do not buy it. The problem is that in some cases things time out because, as we know, local authorities and enforcement authorities can be slow in this whole area. It also happens that the issues sometimes do not arise. There have been well-publicised cases where unauthorised development has come to light. Someone...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: If the Minister is concerned that local authorities would act too slowly if there was a 15-year window for enforcement issues to be raised and acted upon, I would be happy to work with him on setting timeframes in this section to ensure that issues had to be dealt with within a certain amount of time of being brought to light. However, that is not what my amendment is about. It is about the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: But where it is not initiated and the issues begin to come to light, it can take time for the facts to be gathered and for people to understand the processes. They push to have enforcement action taken only to be told that the seven-year limit has kicked in and nothing can be done. That is the issue I am trying to address.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: The issue around discovery has still not been resolved. It is not in this amendment as such, but-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: There is no interpretation that the clock can be started from discovery.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: That is only being looked at.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: Thanks.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: I move amendment No. 1017: In page 513, line 7, to delete “7 years” and substitute “15 years”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: I move amendment No. 1018: In page 513, line 10, to delete “7 years” and substitute “15 years”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: I move amendment No. 1019: In page 513, line 12, to delete “7 years” and substitute “15 years”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: I move amendment No. 1020: In page 513, line 24, to delete “7 years” and substitute “15 years”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: I move amendment No. 1036: In page 535, to delete lines 2 to 9 and substitute the following: “(14) (a) Where an oral hearing relates to development within the Gaeltacht, the hearing shall be conducted in the Irish language, by a chairperson competent in the Irish language, unless the parties to the appeal, application, referral or request to which the hearing relates agree that the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: I move amendment No. 1040: In page 538, between lines 30 and 31, to insert the following: "(e) Where the appeal, application, referral or request relates to development in a Limistéar Pleanála Teanga Gaeltachta or a Baile Seirbhíse Gaeltachta within the Gaeltacht— (i) the protection of the linguistic and cultural heritage of Irish language and Gaeltacht communities...

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