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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: The answer is "Yes". That applies to overground electronic communications infrastructure and any associated physical infrastructure.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: I do not have that detail to hand.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: Amendments Nos. 112 and 113 seek to amend section 12(8)(b), which provides that, where a planning authority fails to make a decision on an application for a licence in respect of electronic communications infrastructure, the licence shall be deemed granted if eight weeks has passed since the application was received or four weeks have passed since an applicant’s response to an...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: Amendment No. 114 seeks to add a provision that, notwithstanding the permissibility of deemed decisions in respect of electronic communications infrastructure, no such decision shall be deemed to be granted where the licence involves EIA or AA. This provision is unnecessary as section 12(3) provides that you cannot apply for a licence if EIA or AA is required. In these circumstances,...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: I am reading from section 12(8)(d) on page 55, which states: if, not later than 8 weeks from the date on which the planning authority received the application, the planning authority notifies the applicant in writing that for exceptional reasons stated in the notification it is not in a position to comply with paragraph (a) within the period specified in that paragraph, and where the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: The planning authority notifies the applicant in writing.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: Yes, to give a copy of the decision, and the main reason and considerations on which the decision is based, to the person who made the application.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: Yes, it is not later than eight weeks from the date on which the planning authority received the application.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: It is not later than eight weeks from the date of the notice.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: Yes, 16 weeks in total.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: No.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: Correct.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: It is done on a case-by-case basis, as the Deputy will appreciate.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: I think so, yes. There could be complex planning decisions.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: It states "for exceptional reasons". It would not be the case that this would be used as a default.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: No, it is-----

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