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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: Under the provisions, when a developer is looking for an extension of duration, as part of the planning application process is there any examination to see if the works that have been carried out to date have been compliant with the planning permission?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: Yes, but let us just-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: To make the question a bit more straightforward, let us imagine there is no phasing. A developer has planning permission and substantial works have been completed. Some of the structures are built. There is no phasing. There is no completion because-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: No. I am not asking about a specific case, I am asking about what happens in these scenarios under the provisions of the legislation. It is not related to any specific case. Let us say, there is no phasing and works have been carried out. There has been no completion. At the point when the applicant looks for an extension of permission, does the planning authority look at what has been...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: Exactly, yes. Do they look at it or do they disregard it altogether?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: I thank the Minister. That is helpful. The determination involves an examination by the planning authority of works carried out to date.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: No, it is not an investigation.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: The applicant has to be compliant under section 135(1)(a) in order to make the request, so the planning authority may or may not take a look at what has been built so far to see-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: Sorry, that is what I was trying to clarify. It would mean that this aspect of the Bill could not be used as a backdoor route towards retention for unauthorised works.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: It could not be misused for retention purposes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: The wording in section 135(1)(a) would prevent it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: I thank the Minister. That is what I was asking about.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: I have a question on amendment No. 735. Are we finished with amendment No. 729? I have a quick question on it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: Amendment No. 729 would allow for an extension of planning permission of another ten years. Is there any provision whereby the extensions would not be for a full ten years, such that one could have planning permission for ten years and get an extension of just two or three?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: The House is not sitting now.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: Does the Minister have a response on amendment No. 788?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: I will come in on amendment No. 788. The Minister says he is not accepting it. There is an issue with that amendment in terms of the proposed subsection (4)(a)(v). It limits the focus or scope of an environmental impact assessment or appropriate assessment.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: It does not have the problematic subsection (4)(a)(v) section which limits the scope of environmental impact assessments or appropriate amendments.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: The Government amendment does not reflect that part of Deputy McAuliffe's amendment, does it?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: In the context of the amendments from the Minister, we can see where he is coming from. In respect of anyone who has applied for or obtained planning permission and who is affected by a JR and the delays relating thereto, there can be a major impact in the context of their trying to deliver the project. Regarding time delays relating to the JR, I can understand wanting to have the clock...

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