Results 2,321-2,340 of 15,248 for speaker:Eoin Ó Broin

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: I move amendment No. 660: In page 216, to delete lines 14 to 20. This relates to section 96, entitled “Application for permission for development in material contravention of development plan or National Marine Planning Framework”, which states: and (b) in the case of development or proposed development referred to in paragraph (a) of subsection (1), the development or...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: Amendment No. 660 relates to section 96.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: The origin of this amendment is the Irish Planning Institute, in one of its written submissions to the committee as part of its general concern over the role of the national planning policy statements, much of which we discussed when we dealt with those sections of the Bill, specifically making a case for the removal of section 96(2)(b). The logic of this is to try to keep a clear...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: My concern is that the Minister is not dealing specifically with the argument I am putting to him. With respect, he is not dealing with the specific argument I am presenting, which is that this provision is a significant overstretch in permitting material contraventions of development plans. Let us keep in mind that these development plans have already been through what is now a rigorous...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: That is okay. I get that this stuff is tricky. However, to take the example of the cases brought Dublin City Council against An Bord Pleanála on grounds of material contraventions of plans, if this provision had been in place at that time, there would have been a very different outcome from the one reached under the existing provisions. That is what this is really about.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: Okay.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: To be clear, what the Minister is saying is in cases where the local authority itself is bringing forward a material contravention, that material contravention must be in line with the national planning policy statements. My understanding was this was with respect to consents by the commission. I may be incorrect and I am happy to stand corrected on that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: I apologise but that is not how I am reading it. Again, I am more than happy to stand corrected. How I read section 96(2)(b)-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: Okay. It is important we have this clear. This obviously refers back to section 92 on applications for permission for standard development. An applicant puts in a planning application to the local authority. If I understand the Minister right, he is saying that where the application is in material contravention of the development plan at the point of application this provides a procedure...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: Not the development plan. With the national planning framework and the national planning policy statements.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: That resolution is to be voted on by the members of the-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: Okay. Again, just so we are crystal clear, let us say my application goes in. It is in clear contravention of the development plan. The management take the view this is worthy of progressing and in order to allow it progress and for them to approve the planning permission, they have to table a resolution to the elected members that notwithstanding the content of the development plan, in...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: Okay.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: I may have missed this but where in this or the related sections does it indicate the planning application would have to be of significance or importance or could it just be with respect to any planning application?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: The Minister refers to the application being of such importance or such import. Will that be set out by way of regulations? Will it just be left to the judgment of the director of planning services, the chief executive or-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: Okay, so it might not necessarily be something that would be universally seen as of such importance, but if that individual or management team felt it was of importance they get to make the proposition.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: Exactly.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: By the elected members.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: I am always trying to think of what is the logic or the rationale for these. Let us say this manager is sitting there looking at the planning application. They are of the view the application will fall foul of the development plan. If they refuse the permission it is likely to be appealed to the board and because obviously the board has a different relationship with the development plan...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: Okay. I ask the Chair to indulge me for a second because this is important. It is not just that there might be some aspect of the development that contravenes the development plan, but it could include zoning, for example. This procedure could, therefore, be used to effectively alter the zoning of the land. Ultimately, you would not be changing the zoning, but you would be allowing a...