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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: I do. In paragraph (2)(c), there is an obligation to inform notice parties when seeking leave. It is not always clear who the notice parties need to be. Currently, during the leave process, an applicant can seek the guidance of the leave judge on this matter. The leave process will not be there under this Bill, so will the Minister of State clarify how an applicant is to identify all the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: Sure. Usually, when it is an issue, that can be done during the leave process. Given, however, that there will not be a leave process, how can it be done?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: Okay, so it will not cause an issue if the applicant needs to do that-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: -----and someone is later notified that-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: It will not cause an issue.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: As regards paragraph (2)(b), relating to the matters which led to the omission of the ground being outside the control of the applicant, will the Minister of State explain the rationale for that?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: Providing which conditions are met?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: Even if the issues that gave rise to this are outside of the control of the applicant, it is entirely within the-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: I move amendment No. 965: In page 446, to delete lines 8 and 9.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: I move amendment No. 966: In page 447, delete lines 2 to 4.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: I seek a small clarification on that. Would an individual, who may not live in an area and may not have familial ties in an area but who regularly goes there for recreational reasons to walk around and enjoy the area be included?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: I understand that they could make the case because anyone could make the case. However, how is the threshold set? What does that mean in terms of-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: Sure, and our function is to understand the legislation and the wording here. On the phrase, "directly or indirectly materially affected", can the Minister give-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: A material interest as used in some other contexts, normally means economic or monetary; it is not that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: It is anything that directly or indirectly affects-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: Or property or any ties.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: Yes. This is a proper grouping, so I will speak once as there is one issue. They are amendments Nos. 1017 to 1026, inclusive. The section is on time limits with respect to enforcement action. Rather than the envelope for time being seven years, I am seeking to change it to 15 years. It is fairly clear. It is not so complicated, unlike many other aspects of the Bill. I look forward to...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: The Minister has put forward an interesting counterargument. I personally do not buy it. The problem is that in some cases things time out because, as we know, local authorities and enforcement authorities can be slow in this whole area. It also happens that the issues sometimes do not arise. There have been well-publicised cases where unauthorised development has come to light. Someone...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: If the Minister is concerned that local authorities would act too slowly if there was a 15-year window for enforcement issues to be raised and acted upon, I would be happy to work with him on setting timeframes in this section to ensure that issues had to be dealt with within a certain amount of time of being brought to light. However, that is not what my amendment is about. It is about the...

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