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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: 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.

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

Eoin Ó Broin: My reading of it is that it is not that one is taken first but if someone is being refused retrospective consent, it will not be possible to get the consent. It is, therefore, a single decision.

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

Eoin Ó Broin: It is either "Yes" to both, a "Yes" and "No", or "No" to both.

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

Eoin Ó Broin: Absolutely.

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

Eoin Ó Broin: I thank the Minister.

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

Eoin Ó Broin: I presume the answer to my question will be "Yes". Section 128(1) states: "The Commission shall not decide to grant retrospective consent under section 121 (whether subject to conditions or not), unless it is satisfied in accordance with section 132 that exceptional circumstances exist that justify the grant of such consent." Am I right in assuming that section 128(2) also makes it clear...

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

Eoin Ó Broin: -----the development plan-----

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

Eoin Ó Broin: Is that what that means?

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

Eoin Ó Broin: One of the issues that came up with the substitute consent legislation we previously dealt with was enforcement and restoration, which is the wrong word but I just cannot remember the language used in the original legislation. I am referring to where there is a requirement to remediate such that enforcement means not just stopping the use of the development for a certain purpose but also...

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

Eoin Ó Broin: This section seems to be similarly deficient in terms of powers or compellability for remediation. For example, where someone has applied for substitute consent-----

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

Eoin Ó Broin: Is that set out by way of regulation? In terms of the scope and range of powers the planning authority will have-----

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