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

Malcolm Noonan: This amendment came as a recommendation from the OPC. Its intention is to bring clarity to the section where there was unnecessary text in the section.

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

Malcolm Noonan: Yes, it is.

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

Malcolm Noonan: It states, "4 weeks from the date of the expiration of the prescribed period referred to". This is the section on the relevant period. Section 140(15)(a)(iii) will read: "where subsection (3) of section 138 applies, 4 weeks from the date of the expiration of the prescribed period referred to in subparagraph (iii) of paragraph (b) of subsection (3) of section 138".

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

Malcolm Noonan: Amendment No. 749 addresses the time of four weeks to make the decision from the end of the consultation period. There is the four-week consultation period and then from the end date of that there is a further four weeks to make the decision.

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

Malcolm Noonan: Yes, that is correct.

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

Malcolm Noonan: Yes.

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

Malcolm Noonan: Amendment No. 750 corrects a reference within subsection-----

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

Malcolm Noonan: Yes, amendments Nos. 749, 750 and 751 are to section 140 and they replicate amendments Nos. 756, 757 and 758 to section 141. They are a repeat.

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

Malcolm Noonan: Four weeks.

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

Malcolm Noonan: That is it.

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

Malcolm Noonan: It is four weeks, yes.

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

Malcolm Noonan: No. Sorry, it is eight weeks because of the EIA.

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

Malcolm Noonan: Yes.

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

Malcolm Noonan: I move amendment No. 750: In page 276, line 41, and in page 277, line 1, to delete “to the request or requests concerned”.

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

Malcolm Noonan: I move amendment No. 751: In page 277, lines 20 and 21, to delete “the planning authority makes one or more than one such request under subsection (2) of section 138 and”.

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

Malcolm Noonan: Those sums are already there in the 2000 Act.

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

Malcolm Noonan: It is, yes.

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

Malcolm Noonan: They are successful and useful by virtue of the fact that they have rarely been invoked in planning authorities. In that sense they act as the best deterrent. That additional sum is still effective from the 2000 Act. They have not been invoked. I do not have figures here on how they have been used but the fact that they are not being used means they are an effective mechanism. That is...

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

Malcolm Noonan: No.

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

Malcolm Noonan: They are necessary. They act as a-----

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