Planning and Development (Amendment) Bill 2025: Committee Stage
Seanad Éireann — 2025-07-15
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Christopher O'Sullivan (FF), Cork South-West

I will address amendments Nos. 17, 19, 44 and 46 Amendments Nos. 17 and 19 seek to provide for a third-party observation as part of the suspension of duration due to judicial review provisions in section 13. Amendments Nos. 44 and 46 seek to make similar provisions for third-party observations as part of the extension of duration provisions in section 16. The criteria for the suspension of a duration and the extension of a duration are set out in the legislation and do not involve a decision of the planning authority beyond whether the criteria are met. If the criteria set out in legislation are met, the planning authority shall grant the suspension or extension, as a decision of the planning authority beyond whether the criteria are met is not part of these processes.
Public participation is not necessary nor is it appropriate. The extension of duration and suspension of duration provisions proposed in the Bill are in line with existing provisions. It should be noted that extensions of duration cannot be granted where the extension proposed would require an environmental impact assessment or appropriate assessment. If an EIA or AA is required under the Act of 2000's procedures, a new application for permission would be required in respect of the development and thus require requisite public notification and participation. Under the Act of 2024, if an EIA or AA is required, there are procedures for material extension of duration that include public participation and notification procedures.
In relation to the publication of notices, section 42(5) of the 2000 Act provides that the details of any extension of duration is entered on the planning register. Similarly, section 180 of the 2024 Act provides that details of the suspension of duration of a permission due to a judicial review shall be entered on the planning register. For these reasons, I cannot accept the amendments.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2025-07-15/debate/main
Retrieved: 2026-08-14T04:54:03+00:00
Sitting date: 2025-07-15