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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Aengus Ó Snodaigh: They are all flawed because this is a positive proposal. The idea that it is ten housing units seems a low bar. Any apartment complex in Dublin that will have ten units will not require phasing. There is a schedule of works but there is no phase. Can there be a single phase in a development? That would be the logical thing in smaller developments. Often there is a phase at the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Aengus Ó Snodaigh: It is included because it refers-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Aengus Ó Snodaigh: Yes, but it is a phase. If one indicates that the final phase is to address the stag list and to allow the council to take in charge the public paths or whatever, but that last part does not happen, does that mean the development is still in its last phase? Is it the case that it cannot be concluded until the council has taken in charge the pathways, drains or whatever is required?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Aengus Ó Snodaigh: Is it part of the final phase?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Aengus Ó Snodaigh: Would it not be appropriate to refer to that in section 165(3)?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Aengus Ó Snodaigh: I move amendment No. 1 to amendment No. 791: In subsection (1), to delete paragraph (a) and substitute the following: "(a) the running of duration of the permission shall be suspended from the date of the notification of the proceedings under section 252(2) of Part 9,".

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Aengus Ó Snodaigh: I move amendment No. 2 to amendment No. 791: In subsection (2), in the fifth line, to delete "such period as may be prescribed" and substitute "within one day".

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Aengus Ó Snodaigh: I move amendment No. 3 to amendment No. 791: In subsection (3), in the third and fourth line, to delete “such period as may be prescribed” and substitute “within one day”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Aengus Ó Snodaigh: I move amendment No. 4 to amendment No. 791: In subsection (3), in the fourth line, after “section” to insert the following: “, and shall notify any person who made a submission to the planning authority or the Maritime Area Regulatory Authority as the case may be on the development the subject of the consent subject to the judicial review proceedings under Part...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Aengus Ó Snodaigh: I move amendment No. 5 to amendment No. 791: “(5) The notifications referred to in subsection (4) shall be issued in respect of a suspension of a consent, and again following the decision of the court that finally concluded the proceedings, so as to ensure timely notifications are issued.”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Aengus Ó Snodaigh: I concur with the other Deputies in this regard. As for commencements, what is the precise definition of "commencements"? Hoarding just goes up and a hole is dug in the ground. That is one of the problems we see, where buildings are pulled down and demolished in preparation for that commencement. That needs to be the case. Also, there needs to be a conclusion in order that if planning...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Aengus Ó Snodaigh: I will try to be brief. I thank the Minister for providing clarification concerning what the commencement will look like and the regulations in that regard. Hopefully, we will have this universal approach that does not now exist. The other part of the question I asked concerned the completion date. We know that to get an extension it is necessary to have started a development. Is...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Aengus Ó Snodaigh: I will very briefly follow on. If a developer has got an extension and, at the end of ten years, has not completed the development, it is an unauthorised development, as the Minister stated. Does that developer have to go back to full planning permission, even though the development is near completion? The reason I ask is that a number of such developments in the area where I live were not...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Aengus Ó Snodaigh: Those are only minor amendments to the Minister's amendment.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Aengus Ó Snodaigh: The intention was to ensure notification was as quick as possible. It is not at odds with what the Minister presented in the list of who should be notified beyond the Maritime Area Regulatory Authority, MARA. I am not sure why amendment No. 4 to the Minister's amendment would be ruled out. It is logical that those who make submissions would be informed and notified as quickly as possible,...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Aengus Ó Snodaigh: Amendments Nos. 2 and 3 to amendment No. 791 are related. We are prescribing that it be within one day. If it needs to be two days, then prescribe it as two days rather than leaving it open because it could be prescribed as a longer period. It needs to be as short as possible.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Aengus Ó Snodaigh: We did not prescribe periods. It does not state “no more than three days” or “no more than five days”, for example.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Aengus Ó Snodaigh: As I read amendment No. 1 to amendment No. 791 again, I understand what the Minister said about the concluding part. I refer to the wording here, which refers to "notification of the proceedings" rather than "commencement of the proceedings". If one takes it that there is an error regarding the date of conclusion, we can correct that afterwards. Is there a difference between the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Aengus Ó Snodaigh: The Minister is referring to "the commencement".

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