I move amendment No. 35:

In page 12, between lines 25 and 26, to insert the following:

“(c) the authority is satisfied that there were considerations of a commercial, economic or technical nature beyond the control of the applicant which substantially militated against the commencement of development.”,”.

I move amendment No. 36:

In page 12, between lines 28 and 29, to insert the following:

“(1C) A contractor who is in receipt of State subsidies must publish an annual profit and loss account, an auditor’s report, and a balance sheet in order to qualify for funding.”,”.

I move amendment No. 37:

In page 12, between lines 28 and 29, to insert the following:

“(1C) In line with a use it or lose it principle, development must begin construction within a specified timeframe after receiving planning permission, and penalties for non-compliance will include the withdrawal of permission for the development.”,”.

I move amendment No. 38:

In page 12, between lines 28 and 29, to insert the following:

“(1C) Where a person has made an application under subsection (1) in respect of a permission that has been granted that has not commenced, that person shall not be entitled to make any further applications under subsection (1) in respect of other permissions that have been granted to that person that have not commenced until the authority is satisfied that substantial works were carried out pursuant to the permission concerned in the initial application.”,”.

I move amendment No. 39:

In page 12, between lines 28 and 29, to insert the following:

“(1C) Where a permission has been extended under subsection (1A), if substantial works have not commenced 2 years from the point the permission was granted, the permission shall expire.”,”.

I move amendment No. 40:

In page 12, between lines 28 and 29, to insert the following:

“(1C) (a) In line with a use it or lose it principle, development must begin construction within a specified timeframe after receiving planning permission.

(b) Penalties for non-compliance will include ineligibility for any extension or alteration of planning permission provided for in this Act.”,”.

Amendment No. 41 in the names of Senators Stephenson and Higgins has been ruled out of order as it is in conflict with the principle of the Bill.

I move amendment No. 42:

In page 13, between lines 20 and 21, to insert the following:

“(g) by the insertion of the following subsection:

(7B) (a) Notwithstanding anything elsewhere in this section, a planning authority shall not grant an extension to the duration of a permission under this section, unless such an extension is for a minimal period only.

(b) Notwithstanding anything elsewhere in this Act, this subsection will commence on enactment.”,”.

Amendment No. 43 has been ruled out of order.

I move amendment No. 44:

In page 13, between lines 20 and 21, to insert the following:

“(g) by the insertion of the following subsection:

“(7B) (a) Notwithstanding anything elsewhere in this section, a planning authority shall not grant an extension to the duration of a permission under this section, except where—

(i) the effect of this section in extending the duration of the permission consequent on this section will result in an alteration of a minimal period only, or

(ii) in circumstances where the development the subject of the permission, is—

(I) a project or activity which falls within the scope of Article 6(1) of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark, on 25 June 1998, that—

(A) the public have been consulted,

(B) the requirements of the Transboundary Convention have been observed in respect of any such consultation, and

(C) that in an effective decision on whether to amend and thus extend the duration of the permission or not under subsection (6), that due consideration has been taken account of the comments and outcome received during the consultation,

and that—

(iii) all further screening determinations and assessments required to comply with the State’s obligations as a member of the European Union, have been conducted and complied with given that any consideration of altering the duration of the permission under subsection (6), is effectively a revisiting of the authorising decision for the activity or development in question, including under—

(I) Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011, as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment,

(II) the Strategic Environmental Assessment Directive,

(III) the Birds Directive,

(IV) the Habitats Directive, and

(V) the Water Framework Directive, in particular Article 4 thereof,

and

(iv) that consultation and assessment obligations under the Transboundary Convention have been fully complied with in the context of and decision to amend the duration of the permission under subsection (6) is effectively a revisiting of the authorisation for the activity or development in question.

(7C) (a) The Minister shall prescribe regulations for the purposes of the public consultation requirements necessitated under subsection (7B), and to identify and provide for the screening, assessment and other determinations necessary under subsection (7B).

(b) Notwithstanding anything elsewhere in this Act, this subsection will commence on enactment.”,”.

I move amendment No. 46:

In page 13, between lines 30 and 31, to insert the following:

“(10A) (a) The Minister may, by way of regulation, provide for third party observations to the planning authority on any request for an extension of duration under this section.

(b) The regulations may include provision for:

(i) the publication of public notices, on site, in newspapers and on digital platforms, of any request for an extension of duration under this section;

(ii) the publication, on the planning authority website, of all documents relating to the request for an extension of duration;

(iii) an appropriate time period for the making of third-party submissions for consideration by the planning authority when considering the request for an extension of duration under this section;

(iv) any other matters which the Minister deems relevant in accordance with the obligations of the State under the Aarhus Convention and the principles of proper planning and development.”.”.

I move amendment No. 1 to Amendment No. 47:

After subsection (1), to insert the following:

“(1A) The holder of a permission shall notify the public of the application by way of a site notice.

(1B) In order to ensure adherence with the State’s obligations under the Aarhus Convention and the principles of good planning and development the relevant authority shall provide for public participation in the certification process by way of inviting written submissions on the application from interested persons or organisations, the relevant authority shall provide no less than 4 weeks from the date of the application for written submissions to be made as advertised in a relevant newspaper and on the authorities website, the relevant authority shall have regard to any submissions made when making a final decision on the request.”.

I move amendment No. 2 to amendment No. 47:

After subsection (15), to insert the following:

“(16) A relevant authority shall not grant a certificate under this section if the modification relates to the removal or reduction of communal space or cultural space within the proposed development.”.

I move amendment No. 4 to amendment No. 47:

After subsection (15), to insert the following:

“(16) Any permitted modifications to the mixture of apartments of different classes in the proposed development shall require a varied mix of different classes of apartments.”.

I move amendment No. 5 to amendment No. 47:

After subsection (15), to insert the following:

“(16) Any certificate granted under this section shall expire within 6 months if substantial works have not commenced on the proposed development.”.

Amendment No. 6 to amendment No. 47 has been ruled out of order.

As it is now past 9.30 p.m., I am required to put the following question in accordance with the order of the Seanad of this day: the Government amendments undisposed of are hereby made to the Bill; in respect of each of the sections undisposed of, the sections, or as appropriate the sections as amended, is hereby agree to in Committee; the Title, as amended, is hereby agreed to in Committee; the Bill, as amended, is accordingly reported to the House; Fourth Stage is hereby completed; the Bill is hereby received final consideration; and the Bill is hereby passed.

When is it proposed to sit again?

Tomorrow at 10.30 a.m.

Is that agreed? Agreed.