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

Eoin Ó Broin: Where the Minister of State said it could be economic issues-----

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

Eoin Ó Broin: On my question, with respect to these particular sections, section 188(1) gives a definition there of "imperative reasons of overriding public interest" and there are three. None of them explicitly refers to, for example, social or economic activity. Is it section 188(1)(c) which permits that or where in that definition does one find that? I was expecting to see "issues of social or...

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

Eoin Ó Broin: The Minister of State is saying that imperative reasons of overriding public interest is more than what it set out in section 188(1), for the purposes of these sections.

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

Eoin Ó Broin: I have no problem with that.

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

Eoin Ó Broin: I promise not to use the gavel on Deputy Matthews.

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

Eoin Ó Broin: Is the Minister of State discussing amendment No. 729?

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

Eoin Ó Broin: Amendment No. 726 is in this grouping.

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

Eoin Ó Broin: Could the Minister of State include amendment No. 729 because it is related?

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

Eoin Ó Broin: My concern with these, particularly the move away from substantial works to commencement, is that in trying to create certainty, and I appreciate that it is a case of who gets to decide what is and is not substantial, the Minister has gone too far on the other end to the extent that getting a commencement notice does not require any work to have been started. The applicant has been given...

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

Eoin Ó Broin: I accept that unless the meaning of substantial works is defined, there is a problem. Who gets to decide? I accept that there needs to be a much clearer definition. From what the Minister has said in speaking to his amendments, it seems that "commence" means simply having received a commencement notice. No actual work could have commenced. If I am interpreting the Minister of State's...

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

Eoin Ó Broin: The Minister of State is on section 135-----

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

Eoin Ó Broin: Is the Minister of State on section 135(4)? Which part of that section is the he referring to?

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

Eoin Ó Broin: Before the Minister goes to the amendment, which part of section 135(3) is he referring to?

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

Eoin Ó Broin: I am not in the same place as the Minister of State.

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

Eoin Ó Broin: It is section 135 then.

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

Eoin Ó Broin: It refers to such documents or information as may be prescribed. Amendment No. 726 states "after “permission” to insert “, provided that the development to which the permission relates has commenced".

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

Eoin Ó Broin: The one where there is an absence of alternative solutions is clear enough. Then there is the one on imperative reasons. The reason I am asking is I am trying to think of a real life case. I am thinking of offshore wind as an example. If the relevant plan is to facilitate offshore wind projects, then it will have beneficial consequences of primary importance to the environment because it...

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

Eoin Ó Broin: What does "has commenced" mean?

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

Eoin Ó Broin: Is that it can be or will be? The whole point of this is to provide certainty.

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

Eoin Ó Broin: What is the intention of the regulations from the point of view of the officials?

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