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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: Apologies. I have one other question. In subsection (5)(c), does this imply a second possible extension and a second fine or am I not reading it correctly?

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

Eoin Ó Broin: But the period of time is not specified, is that correct?

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

Eoin Ó Broin: That means the net effect of it is there is a six-week period provided for in subsection (5) and then an additional one week in this. Is there a second fine at the end of that week?

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

Eoin Ó Broin: What about subsection (6), which states, "Any sum payable under this section shall be paid"? The sum in subsection (6) relates to the first fine after the six weeks.

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

Eoin Ó Broin: So you missed the six weeks, the fine is levied and you are given one final week.

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

Eoin Ó Broin: What happens at the end of that week if a decision is not made?

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

Eoin Ó Broin: And if-----

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

Eoin Ó Broin: "Will" means it is legally obliged to.

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

Eoin Ó Broin: And if it does not? This is a serious question.

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

Eoin Ó Broin: So if there is no decision in six weeks, then there is a fine. They then have one week to make the decision and if they do not, you tell them to drop everything and a decision needs to be made.

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

Eoin Ó Broin: Is that ministerial direction new? Is that the only area where such provision has been inserted?

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

Eoin Ó Broin: Absolutely. Apologies. Is this only place in the Bill or are we using that formulation elsewhere?

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

Eoin Ó Broin: I note it is not the Minister's intention and it is not what any of us desire but let us say, for example, there were a significant number of applications or appeals that missed their six weeks and missed their one week. How does the Minister decide which one shall get priority if there is more than one?

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

Eoin Ó Broin: Ultimately, it would be at the discretion of the Minister to-----

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

Eoin Ó Broin: I have one quick question. These are all just standard transpositions from the existing legislation. There is nothing new in section 125 at all. Okay.

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

Eoin Ó Broin: I have some questions. First, I apologise to the Minister. We have had a number of discussions around retention and substitute consent. I am not looking to repeat any of those rather this is just for the sake of clarity. Is the purpose of section 126 and the subsequent sections to replace what we currently call retention and substitute consent and create kind of a single, standardised...

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

Eoin Ó Broin: Okay. That is the retention permission we dealt with earlier.

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

Eoin Ó Broin: Where is that? I am not reading that in the section. It could be that I do not understand.

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

Eoin Ó Broin: My apologies. Which section is this?

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

Eoin Ó Broin: Perfect.

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