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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Amendment No. 119 concerns licences granted under section 254 of the Act of 2000. Such licences permit the construction and assembly of specified appliances and cables on public roads. Under amendment No. 119, licences granted under section 254 will remain in force following the repeal of the Act of 2000, and any ongoing applications or appeals will continue to be dealt with under that Act....

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: To commence it, rather. If it is prior to the new Act coming in it goes back to the licence as issued. If that time period is after the new legislation comes in it will still operate under the old Act.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: It is slightly different.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: A licence has a defined period of time.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: It is time defined.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: In terms of the exempted development, you are required to do something. It is an activation and you are required to do something. Under the licence you have a specified period of time to fulfil and commence the licence. One is that you are required to do something and the other is an entitlement to do something within a defined period of time. If this is given prior to the new legislation...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Correct. If you had a licence granted a year ago, hypothetically speaking, or perhaps it is better to say a licence granted three months ago, and that licence has to be enacted within a year, then all going well the legislation will come in and you will be operating under the regime when it was issued. It is based in that period of time. It is the same principle to a planning application...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Just for understanding.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Is this Deputy Ó Broin's amendment to the amendment?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Fine.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: If it is helpful, I will deal with our area and then respond to the Deputy's amendment on it. Is he comfortable with that?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Following the repeal of the Act of 2000, declarations under section 5 of that Act, stating what is to be considered exempted development, will continue to have effect by way of amendment No. 104. This amendment will also ensure that any requests or appeals that are in train at the time the Act is repealed will continue to be dealt with under that Act. As regards the proposed amendment to...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: It continues. The Deputy's interpretation is correct.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: What we are really saying is that we would like to be given more time to consider the matter and come back with an amendment on Report Stage, to be helpful.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: It is all relevant.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: In essence, the section 28 guidelines will continue as having validity until such time as the Minister brings in ministerial statements.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Kieran O'Donnell: Licences granted under Part 16 of the Act of 2000 in respect of events and funfairs are to be deemed licences issued under Part 16 by way a new section inserted by amendment No. 1085. There are no changes. It continues as is in terms of the application of the provisions. In substance, they will continue as they are.

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