Results 2,201-2,220 of 15,248 for speaker:Eoin Ó Broin

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: My final comment is that in that scenario outlined by the Minister, and if I was the proprietor of the said illegal quarry and the enforcement notice then required remediation, the very first thing I would be doing would be to get legal advice to see whether, as I had been operating for eight or nine years, section 138 surely applies. We will, however, await with interest the Minister's response.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: That is for enforcement, ceasing, desisting and removing the structure, sure, but the question mark on section 138-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: I will move on to some of the Minister of State’s other amendments. This is one of the sections of the Bill that got very little attention during pre-legislative scrutiny. It is also one of the most complex areas. It is not only about understanding what is in Irish law but also EU legislation, and a very considerable volume of ECJ case law. I struggle with this in a way that I do...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: That much I got but that is as far as I got. What I am trying to do is get under the bonnet of this a little. The first is absence of alternative solutions, then imperative reasons of overriding public interest and then compensatory measures are required. All three tests have to be met. Is that correct?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: I am happy with that. I am trying to get a sense of what the compensatory measures would be. What would be the case if there was a loss of biodiversity in location A and there was an attempt to facilitate the development or nurturing of that species loss in location B? What kinds of measures are we talking about? I know it is hard unless one is talking about a real-life case. Would the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: Where the Minister of State said it could be economic issues-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: On my question, with respect to these particular sections, section 188(1) gives a definition there of "imperative reasons of overriding public interest" and there are three. None of them explicitly refers to, for example, social or economic activity. Is it section 188(1)(c) which permits that or where in that definition does one find that? I was expecting to see "issues of social or...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: The Minister of State is saying that imperative reasons of overriding public interest is more than what it set out in section 188(1), for the purposes of these sections.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: I have no problem with that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: I promise not to use the gavel on Deputy Matthews.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: Is the Minister of State discussing amendment No. 729?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: Amendment No. 726 is in this grouping.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: Could the Minister of State include amendment No. 729 because it is related?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: My concern with these, particularly the move away from substantial works to commencement, is that in trying to create certainty, and I appreciate that it is a case of who gets to decide what is and is not substantial, the Minister has gone too far on the other end to the extent that getting a commencement notice does not require any work to have been started. The applicant has been given...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: I accept that unless the meaning of substantial works is defined, there is a problem. Who gets to decide? I accept that there needs to be a much clearer definition. From what the Minister has said in speaking to his amendments, it seems that "commence" means simply having received a commencement notice. No actual work could have commenced. If I am interpreting the Minister of State's...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: The Minister of State is on section 135-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: Is the Minister of State on section 135(4)? Which part of that section is the he referring to?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Eoin Ó Broin: Before the Minister goes to the amendment, which part of section 135(3) is he referring to?