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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: I have a query on this section and I just want to get clarity. Section 119(1) states: (1) Subject to subsection (4) of section 113, where the appropriate planning authority receives a copy of an application for permission for Chapter 4 development, the planning authority shall prepare and submit to the Commission a report setting out the views of the planning authority in relation to...

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

Eoin Ó Broin: Chapter 4 of this legislation is the regional spatial economic strategies. I am wondering about it when the Minister talks about it for Chapter 4 development.

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

Eoin Ó Broin: So, Chapter 4 in Part 4. Please bear with me because I have a supplementary question on that.

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

Eoin Ó Broin: The opening of that section talks about where the appropriate planning authority receives a copy of an application for permission. The application goes to the board and the board then sends a copy to the relevant local authority. The manager produces a report but before the report from the manager is submitted to the board – soon to be commission - the elected members are consulted...

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

Eoin Ó Broin: I move amendment No. 709: In page 250, between lines 22 and 23, to insert the following: “(c) Where an application for permission is made under this Chapter for development, or proposed development that— (i) is situated or proposed to be situated wholly or partly in a Limistéar Pleanála Teanga Gaeltachta or a Baile Seirbhíse Gaeltachta within the Gaeltacht,...

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

Eoin Ó Broin: I have two questions on this section.

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

Eoin Ó Broin: I have two questions. This is around the timelines for a decision of the commission. We had a similar discussion previously and I am pretty sure it was with respect to the local authorities. First, is this kind of the same formulation as with respect to the local authorities? Yes, it is exactly the same. Second, if we pop over to page 253 and to section 124(5)(b)-----

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

Eoin Ó Broin: Exactly. In the earlier section we were dealing with, there was a four-week period and a six-week period. This is just a straight six weeks, 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: Regarding the fine, in the other sections, it determined the fine either as equivalent to the planning fee or the fee. I presume that is here as well.

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

Eoin Ó Broin: Okay. Perfect. That is all.

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.

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