Victor Boyhan (Independent) | Oireachtas source

I want to deal with two amendments in this grouping, amendment No. 30 and amendment No. 44. Amendment No. 30 is a very long one so I will not read it all out. It is self-explanatory. I take it that everyone has read all of these amendments in great length. It goes on for many pages so I do not propose to read it out and cut in on any more time. This amendment deals with section 10 of the Bill, which is concerned with declarations on development and exempted development, and other areas. It states that only a "relevant person" may seek a declaration. This is different from the Planning and Development Act 2000, which allows any person to seek a declaration. The rationale for this amendment is that section 10 restricts the right of any person to seek a declaration. At the moment, any person can make a declaration under the Planning and Development Act 2000. If this Bill is passed unamended, if your neighbour, for instance, was to build something in certain circumstances, you may not have the right to question this under the Bill. Any person should be able to ask a planning authority to make a declaration in these matters and therefore that is the kernel and the rationale for this amendment.

Amendment No. 44 relates to section 11, which is entitled "supplemental provision". It is relevant to the section on the declaration of whether a development is an exempted development. The amendment states:

In page 56, to delete lines 28 to 30 and substitute the following: “(2) Subject to subsection (1), a relevant declaration shall be admissible in evidence in any proceedings relating to the act, operation or change in use in respect of which the relevant declaration was made.".

The rationale for the amendment is that in this Bill a relevant declaration will be considered inadmissible in evidence in court. This amendment seeks to ensure that the relevant declaration will be admissible in court. That is a very important point.