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

Cian O'Callaghan: I was trying to be helpful to the Minister.

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

Cian O'Callaghan: That is what you get for trying to be helpful. On section 164(3)(a), apart from the wording there, is there anything else that specifies anything around that? I appreciate it is not a new provision. Is there anything else in the legislation or anything outside of the legislation around that at all? For example, in larger housing developments, from what the Minister knows, is that clause...

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

Cian O'Callaghan: This would be for the likes of large SDZ or something like that.

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

Cian O'Callaghan: It is that type of development I am talking about.

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

Cian O'Callaghan: Finally on this, a large application like that which a planning authority may give a ten-year permission for would obviously have a phasing plan. Within that phasing plan, it would be stipulated that 400 homes would be completed within the first two years and some infrastructure by the third year. Therefore, while it might be for a large application of ten years, effectively there are...

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

Cian O'Callaghan: I cannot see how that would arise.

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

Cian O'Callaghan: Yes, grand. To follow on from the point made by Deputy Bacik, has any analysis been done in terms of durations of permissions in respect of a large-scale housing development, for example, of how long it normally takes to build out after getting planning permission? If we are talking about 500 units or 1,000 units, how much time is required in this regard, if we consider the time needed to...

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

Cian O'Callaghan: I will make that point and then move on to the commencements issue rather than prolong this discussion. In respect of section 164(3)(a), the Minister and I had a good discussion on where that section might be used, and the kind of practice around that, but the issue I raised is that none of that is specified in the Bill. I appreciate it is not a new provision but the Bill would be stronger...

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

Cian O'Callaghan: My point is that in effect there are no criteria under section 164 for-----

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

Cian O'Callaghan: The provision "shall have regard to the nature and extent of the proposed development" is very wide.

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

Cian O'Callaghan: How could authorities make a decision and not have regard to the nature and extent of the proposed development? However, we are talking about time limits.

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

Cian O'Callaghan: It does not necessarily need to be made by the applicant because section 164(3)(a) states, "where requested by the applicant under subsection (2) or at its own discretion". It is not that the applicant has to put out before the-----

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

Cian O'Callaghan: So the Minister does not envisage any situation where the planning authority would decide on its own discretion.

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

Cian O'Callaghan: But the Minister is making the case that it would not happen, that it would only be because the applicant-----

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

Cian O'Callaghan: I just pointed that out to the Minister.

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

Cian O'Callaghan: The Minister told me a minute ago that it did not allow for both.

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

Cian O'Callaghan: The Minister did. He said it was only the applicant.

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

Cian O'Callaghan: Okay. If I try to check the record-----

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

Cian O'Callaghan: Yes, and Deputy Ó Snodaigh has covered this as well in his comments. What I want to ask about, because the legislation is not clear and the Minister says he will do this by regulation, is what a commencement of works would look like. I have concerns about the ambiguity around that in the legislation. The Minister says he will do it by regulation but as we cannot see the regulations...

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

Cian O'Callaghan: What would be a good reason for refusal in such circumstances?

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