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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: It is very broad.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: We would, quite possibly, have reservations in that regard. I understand the intent.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: You are either materially contravening planning or you are not. It is a planning aspect. Anyway, I know.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: If you are looking at a material contravention, a plan is either materially contravened or not. It is a planning issue.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: Yes. These were all in the general submission and we have agreed to look at them in their entirety.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: Not on planning, no.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: You apply for your licence through the EPA. We are talking now about that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: The licensing authority looks at that. The licensing authority makes its decision independent of the decision of the local authority on the physical structure.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: Yes. Very definite.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: No.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: Sorry, I will not stand over that. I want to check it. I am reasonably familiar with the area but I do not want to be misleading. We have seen cases in which permission for a physical structure was granted before the licence was applied for. I will come back to the Deputy on the matter. You can apply in respect of a physical structure before having the licence, but it is a question of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: Correct.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: I will come back to the Deputy on that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: I do not think the licence can be applied for without having applied to the local authority first regarding the physical structure.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: Could the Deputy say that again, please?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: That is beyond the function of the local authority.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: Yes, but the licensing is a function of the EPA.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: Where the permission has been granted by the council and the licence has been granted as well-----

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