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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: Is it eight weeks with this amendment or was it eight weeks anyway?

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 section 140(8)(b) regarding the fines for planning authorities. How were the sums for these fines arrived at?

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

Cian O'Callaghan: Therefore, it is the same as the 2000 Act.

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

Cian O'Callaghan: Is there any evidence that fines of this manner work and are effective?

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

Cian O'Callaghan: They are not regularly utilised.

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

Cian O'Callaghan: Are they necessary if they are not regularly utilised?

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

Cian O'Callaghan: My question is how effective fines on a public body, one that collects local property tax and collects rates, are. Ultimately if these fines are paid out, is it not the householders, through their local property tax or the small businesses paying rates to the council, who are effectively paying the fine imposed on the planning authority? Are they not effectively indirectly being hit by...

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

Cian O'Callaghan: We will have plenty of questions to ask NOAC.

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

Cian O'Callaghan: Does it get more time?

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

Cian O'Callaghan: I move amendment No. 769: In page 293, between lines 11 and 12, to insert the following: “(4) Subsections (3)(b) and (3)(c) shall not operate to prevent the provision of Traveller-specific accommodation which has already been specified or provided for in a given local authority’s development plan.”.

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

Cian O'Callaghan: When the original provisions were being discussed the Dáil, I clearly stated that we would be back at a later stage with this being rolled out further. The Minister at the time gave all sorts of assurances that it would not happen. We were told it was time-limited and once-off and that it would not be rolled on, yet here we are with it being rolled on. It is a surprise to absolutely...

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

Cian O'Callaghan: I think the answer on the planning guidelines misses my point. I am not dismissing the use of planning guidelines but it misses the point I am making. Public consultation can be invaluable. What the public raises during a consultation can be invaluable. When it comes to any development, including housing, it is important that people get to have their say in it and get their voices heard....

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 couple of questions. The Minister of State has given us the assurance it is not anticipated a further extension will be sought. That is not exactly a strong commitment. All sorts of things are not anticipated and then they happen. Bad weather is not always anticipated but we get plenty of it in Ireland. We are in a situation where this could just be rolled over year after year....

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 of State. That is a better commitment than the first form of words. I am still not clear what problem this is fixing. I appreciate the Minister of State is going to give us more information, but is there any evidence at all this is accelerating housing delivery? We have heard about the 30 housing developments and 95 units, but they could have happened anyway. When...

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 of State. I wish to make a final point on this. I have a concern around these provisions as there is no public consultation, no appeals process for the public. The more those are shut down the higher the risk we will end up with delays to the provision of housing because if people have issues they want to articulate, their only route is the judicial review one. They...

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

Cian O'Callaghan: It is not agreed.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: I will come in on amendment No. 676, which is a part of this grouping. These amendments cover a similar issue. What is the Minister's justification and rationale for the changes proposed that restrict participation? Has he had advice on these specific measures in the Bill and whether they are compliant with the Aarhus Convention when they restrict participation? I know he has general...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: I would like to add to the comments that have been made about the former committee member, Deputy Emer Higgins, who is now a Minister of State. She certainly made a good contribution to this committee. I believe amendment No. 674 strengthens this section. It moves away from arbitrary criteria like one year or ten members to much more important criteria. For example, it includes that the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: I will finish my point if we have the time. I would be particularly concerned about subsection (b)(v), which states, "that has passed a resolution, in accordance with the constitution of the company, before the bringing of the appeal authorising the company to bring the appeal." It is very reasonable. The issue with it is timing. There can be very short windows to do this.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: That is where I have concerns on that.

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