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

Alan Dillon: We will look at that and bring forward a response.

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

Alan Dillon: I move amendment No. 926: In page 422, between lines 28 and 29, to insert the following: “(4) In any proceedings for an offence under subsection (3), it shall be a defence for the defendant to prove, on the balance of probabilities, that the defendant took all reasonable steps to comply, or secure compliance by the other person, with the notice.”.

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

Alan Dillon: I move amendment No. 928: In page 426, line 7, to delete “it has in” and substitute “assigned to it by”.

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

Alan Dillon: I move amendment No. 929: In page 426, between lines 34 and 35, to insert the following: “Continued application of section 180 of Act of 2000 for certain purposes 240. Section 180 of the Act of 2000 shall, notwithstanding its repeal by section 6, continue to apply and have effect on and after that repeal in relation to any request under the said section 180 made before that...

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

Alan Dillon: I move amendment No. 932: In page 432, between lines 11 and 12, to insert the following: “(12) (a) An order under section 202 of the Act of 2000 made (but not confirmed under section 203 of that Act) before the repeal of that section by section 6 shall be deemed to be an order made but not confirmed under this section. (b) An order under section 202 of the Act of 2000 that,...

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

Alan Dillon: I move amendment No. 942: In page 436, between lines 2 and 3, to insert the following: “Orders and notices under section 205 of Act of 2000 247. (1) An order under section 205 of the Act of 2000 in force immediately before the repeal of that section by section 6 shall— (a) continue in force and have effect on and after such repeal, and (b) be deemed to be an order...

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

Alan Dillon: I move amendment No. 943: In page 436, between lines 2 and 3, to insert the following: “Agreements under section 206 of Act of 2000 248. Section 206 of the Act of 2000 shall, in relation to an agreement under that section made before the repeal of that section by section 6, continue to have effect on and after such repeal.”.

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

Alan Dillon: I move amendment No. 944: In page 436, between lines 2 and 3, to insert the following: “Orders, notices and appeals under section 207 of Act of 2000 249. (1) An order under section 207 of the Act of 2000 in force immediately before the repeal of that section by section 6 shall— (a) continue in force and have effect on and after such repeal, and (b) be deemed to be an...

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

Alan Dillon: I move amendment No. 947: In page 436, between lines 20 and 21, to insert the following: “(4) Section 209 of the Act of 2000 shall, in relation to a notice served under that section before the repeal of that section by section 6, continue to have effect on and after such repeal.”.

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

Alan Dillon: I move amendment No. 948: In page 436, line 22, after “subsection (12)” to insert “and Part 4”.

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

Alan Dillon: I move amendment No. 949: In page 438, to delete lines 16 and 17.

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

Alan Dillon: I move amendment No. 950: In page 438, between lines 25 and 26, to insert the following: “(13) A consent referred to in section 182 of the Act of 2000 given, before the repeal of that section by section 6, by the owner or the owner and occupier, as the case may be, of land shall be deemed to be a consent under subsection (4) given by that owner or that owner and...

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

Alan Dillon: I move amendment No. 951: In page 438, line 27, after “subsection (13)” to insert “and Part 4”.

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

Alan Dillon: I move amendment No. 952: In page 440, to delete lines 26 and 27.

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

Alan Dillon: I move amendment No. 953: In page 440, after line 33, to insert the following: “(14) An approval referred to in subsection (1A) of section 182 of the Act of 2000 given before the repeal of that section by section 6 for development on a maritime site shall be deemed to be a consent under subsection (5) given by that owner or that owner and occupier, as may be...

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

Alan Dillon: I thank the Deputies for their opening remarks and questions. I agree one of the most important areas of reform in the Bill is Part 9, which updates the processes and parameters of planning judicial reviews, as well as introducing a scale of fees relating to the judicial reviews legal fee and an environmental legal costs financial assistance mechanism. Principally, this is to ensure the...

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

Alan Dillon: This is a really important part of the Bill, for reasons the public are well aware, regarding the speed of the judicial review process. It is our intention that we would have quicker decisions and swifter delivery of housing and infrastructure projects. In that regard, there is a requirement for reform of the process and the parameters of planning judicial reviews. That is central to this...

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

Alan Dillon: The review and analysis was led by the Office of the Attorney General. Any research that was undertaken fed into the legal advice provided. As part of that process, the advice led to the provisions now being included in this section. With regard to Deputy O’Callaghan’s question on the assignment of more judges, that is a matter for the courts system. We have set up a...

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

Alan Dillon: That is correct.

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

Alan Dillon: The research is within the Office of the Attorney General. It is not our research; it is contained within its department. On those grounds, we understand that research has been undertaken and has formed the process in respect of the provisions we have today.

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