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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: I move amendment No. 581: In page 188, to delete lines 21 to 23 and substitute the following: “ “proposed application” means a proposed application for— (a) permission for development, or (b) retention permission, under Chapter 3 or 4 that is the subject of a pre-application consultation under section 87 or section 114;”.

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

Malcolm Noonan: I move amendment No. 582: In page 188, line 26, to delete “permission for retention” and substitute “retention permission”.

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

Malcolm Noonan: I move amendment No. 583: In page 188, line 29, to delete “Chapter 5,” and substitute “Chapter 5, or”.

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

Malcolm Noonan: I move amendment No. 584: In page 188, line 31, to delete “section 147,” and substitute “section 147;”.

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

Malcolm Noonan: I move amendment No. 585: In page 188, to delete lines 32 to 36.

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

Malcolm Noonan: I move amendment No. 586: In page 189, to delete line 2.

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

Malcolm Noonan: I move amendment No. 587: In page 189, to delete lines 3 to 8.

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

Malcolm Noonan: I move amendment No. 588: In page 191, to delete lines 6 and 7 and substitute the following: “(b) retention of unauthorised development.”.

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

Malcolm Noonan: I move amendment No. 589: In page 191, to delete line 15 and substitute the following: “(b) retention of standard development that is unauthorised development,”.

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

Malcolm Noonan: I move amendment No. 590: In page 191, line 25, to delete “section,” and substitute “section”.

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

Malcolm Noonan: I move amendment No. 591: In page 193, line 5, to delete “subsection,” and substitute “subsection”.

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

Malcolm Noonan: I move amendment No. 592: In page 193, line 16, to delete “subsection,” and substitute “subsection”.

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

Malcolm Noonan: It is new.

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

Malcolm Noonan: This section establishes the eligibility of applicants to make an application for permission for both land-based development and maritime development, previously contained in various sections of the 2000 Act. It restricts the circumstances whereby an applicant’s eligibility to apply for permission may be challenged. Does that clarify the matter?

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: The interested person relates to the planning authority, the commission and the owner of land to which the application relates. It only relates to the application for permission, as I understand it. The owner or occupier can challenge an application for permission, as I understand it. Only those scheduled in section 82(3)(b) are entitled to question or challenge the eligibility.

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

Malcolm Noonan: Section 82(3)(b)(iii) and (iv) are the only two who can make the application, so they have the right to challenge. Apologies. Anyone can appeal or make a submission on an application but only those with an interest on the land can challenge the eligibility to make an application.

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

Malcolm Noonan: It is for legal certainty on the rights of the owner of the land.

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

Malcolm Noonan: At the start of section 82 on the eligibility to make an application, section 82(1) reads "A person shall not be eligible to make an application for permission for land-based development under Chapter 3 or 4, unless that person ... is the owner of the land on which the development is situated or proposed to be situated".

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

Malcolm Noonan: It only relates to the eligibility to make an application. If not the owner, one needs the consent of the owner to do so.

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