Planning and Development (Amendment) Bill 2016: Report Stage (Resumed) and Final Stage

Debate resumed on amendment No. 93:
In page 52, between lines 28 and 29, to insert the following:
“Construction of Fifth Schedule (conditions which may be imposed, on the granting of permission to develop land, without compensation) to Principal Act
25. (1) The Act of 2016 is amended by inserting the following section after section 25:
“Construction of Fifth Schedule (conditions which may be imposed, on the granting of permission to develop land, without compensation) to Act of 2000 during specified period
25A. The Fifth Schedule to the Act of 2000 has effect during the specified period as if in paragraph 1 ‘or section 9(4) of the Planning and Development (Housing) and Residential Tenancies Act 2016’ were inserted after ‘section 34(4)(g)’.".
(2) Section 1(3) of the Act of 2016 (which relates to commencement of provisions of that Act) applies to the commencement of the amendment provided for by subsection (1).".
- Minister of State at the Department of Housing, Planning and Local Government (Deputy Damien English)

I outlined our position on the amendment but I am not sure if Members want me to go back over it or not. I was dealing with amendments Nos. 93 to 96, inclusive, and I read it quite fast. Do Members want me to go back over it or to move on?

We heard the Minister of State.

We understood the Minister of State.

Great. So Members are in agreement with this? I will clarify a matter on amendment No. 92. We had discussed it and I was meant to move it to vote on it but I withdrew it by mistake. I will come back in with it in the Seanad. Members are all happy with it but I mention it in case there is confusion on it. I withdrew the wrong amendment by mistake. We are not allowed to discuss it again here. It has to come in again in the Seanad.

On a point of order-----

Is that the only way to do it?

It is fine. We can do it in the Seanad. I am just letting Members know in case they get confused with me afterwards. I was meant to withdraw amendment No. 97 and I withdrew amendment No. 92. We discussed it with the Clerk. I can bring it back in in the Seanad. It was an amendment to an amendment which Deputies were happy enough with when it was discussed. We can raise it again.

Amendment agreed to.
Amendment No. 94 not moved.

I move amendment No. 95:

In page 53, to delete line 23 and substitute the following:

“(a) in subsection (1)—

(i) by substituting “plan, or” for “plan, and” in paragraph (a)(iv)(I), and

(ii) by substituting “appropriate authority” for “prescribed authority” in paragraph (c),


Amendment agreed to.

I move amendment No. 96:

In page 53, between lines 25 and 26, to insert the following:

“Amendment of section 10 (supplemental provisions to section 9) of Act of 2016

28. (1) Section 10 of the Act of 2016 is amended in subsection (2) by substituting the following for paragraph (a):

“(a) The Board shall publish on its website both a notice and a copy of a decision under section 9.”.

(2) This section comes into operation upon the passing of this Act.”.

Amendment agreed to.
Amendments Nos. 97 and 98 not moved.
Bill, as amended, received for final consideration.

When is it proposed to take Fifth Stage?

On a point of order, if I want to call a vote on the Bill before it passes is this the point at which I do it?

Question put: "That the Bill do now pass."
The Dáil divided: Tá, 78; Níl, 27; Staon, 0.

  • Aylward, Bobby.
  • Bailey, Maria.
  • Barrett, Seán.
  • Brassil, John.
  • Breen, Pat.
  • Brophy, Colm.
  • Browne, James.
  • Bruton, Richard.
  • Burton, Joan.
  • Butler, Mary.
  • Byrne, Catherine.
  • Byrne, Thomas.
  • Cahill, Jackie.
  • Calleary, Dara.
  • Carey, Joe.
  • Casey, Pat.
  • Cassells, Shane.
  • Chambers, Jack.
  • Chambers, Lisa.
  • Corcoran Kennedy, Marcella.
  • Cowen, Barry.
  • Curran, John.
  • Deasy, John.
  • Deering, Pat.
  • Doherty, Regina.
  • Donnelly, Stephen S.
  • Doyle, Andrew.
  • Durkan, Bernard J.
  • English, Damien.
  • Farrell, Alan.
  • Fitzpatrick, Peter.
  • Flanagan, Charles.
  • Fleming, Sean.
  • Griffin, Brendan.
  • Harris, Simon.
  • Harty, Michael.
  • Haughey, Seán.
  • Healy-Rae, Danny.
  • Heydon, Martin.
  • Howlin, Brendan.
  • Humphreys, Heather.
  • Kehoe, Paul.
  • Kelleher, Billy.
  • Kyne, Seán.
  • Lahart, John.
  • MacSharry, Marc.
  • Madigan, Josepha.
  • Martin, Micheál.
  • McConalogue, Charlie.
  • McGuinness, John.
  • McHugh, Joe.
  • McLoughlin, Tony.
  • Moynihan, Aindrias.
  • Moynihan, Michael.
  • Murphy O'Mahony, Margaret.
  • Murphy, Eoghan.
  • Naughton, Hildegarde.
  • Neville, Tom.
  • Noonan, Michael.
  • O'Callaghan, Jim.
  • O'Connell, Kate.
  • O'Donovan, Patrick.
  • O'Dowd, Fergus.
  • O'Keeffe, Kevin.
  • O'Rourke, Frank.
  • O'Sullivan, Jan.
  • Phelan, John Paul.
  • Rabbitte, Anne.
  • Ring, Michael.
  • Rock, Noel.
  • Ross, Shane.
  • Sherlock, Sean.
  • Smith, Brendan.
  • Smyth, Niamh.
  • Stanton, David.
  • Troy, Robert.
  • Varadkar, Leo.
  • Zappone, Katherine.


  • Brady, John.
  • Broughan, Thomas P.
  • Buckley, Pat.
  • Collins, Joan.
  • Connolly, Catherine.
  • Coppinger, Ruth.
  • Crowe, Seán.
  • Cullinane, David.
  • Daly, Clare.
  • Doherty, Pearse.
  • Ellis, Dessie.
  • Ferris, Martin.
  • Healy, Seamus.
  • Kenny, Martin.
  • Mitchell, Denise.
  • Munster, Imelda.
  • Murphy, Paul.
  • Nolan, Carol.
  • O'Brien, Jonathan.
  • O'Reilly, Louise.
  • Ó Broin, Eoin.
  • Ó Caoláin, Caoimhghín.
  • Ó Laoghaire, Donnchadh.
  • Ó Snodaigh, Aengus.
  • Pringle, Thomas.
  • Quinlivan, Maurice.
  • Wallace, Mick.


Tellers: Tá, Deputies Joe McHugh and Tony McLoughlin; Níl, Deputies Eoin Ó Broin and Martin Ferris.
Question declared carried.