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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Alan Dillon: There is the provision of non-standard development, which is, under the current 2000 Act, strategic infrastructure developments.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Alan Dillon: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Alan Dillon: Amendment No. 775 seeks to delete paragraphs (i) and (ii) of subsection (1) of section 160, as well as subsections (2) to (5) of section 110, and replace them. This would have the effect of changing the provisions from providing that where the planning authority is dealing with an application from a person who is not in compliance with a previous permission, has carried out substantial...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Alan Dillon: It has been used very rarely.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Alan Dillon: We think so.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Alan Dillon: We will have to clarify that. We can come back to the Deputy.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Alan Dillon: It has been used but very rarely. I do not have exact figures on hand.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Alan Dillon: If even.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Alan Dillon: I thank both Deputies for the points they raised. It is important that the planning authority is not a judge, jury and executioner in this regard. We do not support bad actors. That is important. What is set out here is similar to the language used in the 2000 Act. It allows the local authority and the commission to take the necessary steps while ensuring that we continue to resource the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Alan Dillon: First, I wish to outline that all sections of the Act were reviewed by the Attorney General and the legal advisers as part of the review of the planning legislation and the preparation of this Bill, and certainly this section was as well. To Deputy O’Callaghan’s point, each of the applicants should be afforded due process. We are not trumping one over the other - either the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Alan Dillon: Yes there was engagement with the CCMA and a review was undertaken.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Alan Dillon: There is not a particular reference to it. It was done in the broad aspect of this legislation.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Alan Dillon: I move amendment No. 776: In page 299, to delete lines 41 and 42 and substitute the following: A reference in this section to an application for permission shall be construed as a reference to—

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Alan Dillon: I move amendment No. 777: In page 300, line 1, to delete “permission for retention” and substitute “retention permission”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Alan Dillon: I move amendment No. 778: In page 300, line 7, to delete “section,” and substitute “section”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Alan Dillon: On Deputy Ó Broin's point on section 160, section 160(10)(c) refers to "a registered society under the Industrial and Provident Societies Acts" and section 160(10)(d) specifically refers to "a company ... within the meaning of the Companies Act 2014". It also says in section 160(10)(d)(i) and (ii) "is related (for the purposes of subsection (10) of section 2 of the Companies Act 2014)...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Alan Dillon: I do not have the information Deputy O'Callaghan sought. There is difficulty in providing the information today.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Alan Dillon: I understand the request. We will look to see if we can get a note.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Alan Dillon: The Deputy's question is legal in nature. Section 160(10)(e) specifically refers to "a company ... that carried out development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under this Act ... the company is under the control ... of the applicant for the proposed development, or ... the applicant for the proposed...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Alan Dillon: Well-----

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