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

Malcolm Noonan: Is that in terms of public consultation?

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

Malcolm Noonan: I will just read the note, if that is okay.

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

Malcolm Noonan: Thanks for that.

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

Malcolm Noonan: I move amendment No. 726: In page 266, line 9, after “permission” to insert “, provided that the development to which the permission relates has commenced”. These amendments seek to amend the provisions in the Bill regarding requests for alteration or extension of permission and also to insert a new provision to suspend, or pause, a planning permission where it...

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

Malcolm Noonan: Again, that can be set out in the regulations.

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

Malcolm Noonan: It will be, yes.

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

Malcolm Noonan: It would be evidence that the works have commenced onsite.

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

Malcolm Noonan: Yes. We would make it very clear in the regulations what elements would need to be commenced onsite.

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

Malcolm Noonan: Sure.

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

Malcolm Noonan: It is not, no.

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

Malcolm Noonan: The works at least have to have been started. If anything, there was an ambiguity in the "substantial works" because that was open to interpretation. The regulations will clear up what is required in terms of the commencement of works onsite.

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

Malcolm Noonan: It would be substantial works that would be carried out for each site and each development. This definition of "commenced" is much clearer in terms of what is being asked of a developer. I cannot tell the Deputy now what the regulations will be but they would be substantial. It would be unusual, given the requirements that would be set down in the regulations, that developers would move on...

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

Malcolm Noonan: It is to try to set a consistent standard of a commencement of works rather than the substantial works which would vary from site to site.

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

Malcolm Noonan: Again, to go back to the previous wording about "substantial works" in terms of the ambiguity around that and what this will do under section 135. I refer to section 135(3)(c)(i), requiring "sufficient information to allow the deciding authority to assess the request" and the deciding authority or the planning authority will be given in section 135(3)(c)(iii) "such documents or information...

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

Malcolm Noonan: Yes.

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

Malcolm Noonan: Sorry, it has been a long day. In terms of transitional arrangements, permissions granted under the 2000 Act for up to two years will still be under that Act so anything granted after that will fall under the new Act. To go back to the point, "commenced" is clearer than "substantial works" in terms of the wording of what is required of the-----

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

Malcolm Noonan: Yes, an application can be made under the Act of 2000 for an extension of duration for a period of up to two years from the date of the enactment of the Bill.

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

Malcolm Noonan: Yes, he or she can apply for an extension of duration.

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

Malcolm Noonan: Under the existing provisions.

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

Malcolm Noonan: For two years.

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