Results 2,361-2,380 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: Again, this might be just because I have never come across a case like this. Somebody puts in a planning application to the local authority; he or she is refused. The applicant then appeals it to the board. The board, obviously, is assessing the original application as refused. How is it that anything would be substantially different or not substantially the same? The Minister used the...

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

Eoin Ó Broin: With additional information from the applicant.

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

Eoin Ó Broin: Again, just so we are clear, where it states "not substantially the same", does that apply to the volume and type of documentation that is submitted with the appeal or the actual physical proposal of the planning application?

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

Eoin Ó Broin: Does that happen?

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

Eoin Ó Broin: Wow.

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

Eoin Ó Broin: Absolutely. It makes an appeal an appeal, not a consideration of anything new.

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

Eoin Ó Broin: What the Minister is saying is that there are cases where the actual physical drawings, documentation, etc., would be substantially altered to try to influence the decision of the appeal.

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

Eoin Ó Broin: This is my last question, Chair. Under the current system then, would the board - or the commission, as it would be called - be duty-bound to assess the appeal on the basis of all the new information?

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

Eoin Ó Broin: It could not just say, "Well, that was not in the original application so we are not considering it." It would have to-----

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

Eoin Ó Broin: Everything. That is nice and clear. I thank the Minister.

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

Eoin Ó Broin: I do indeed.

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

Eoin Ó Broin: They are indeed. They all relate to section 107 and different aspects of the appeal. I will just check my notes for a second, if the Minister does not mind. Again, not unlike the last amendment, this is in part because I am not completely clear as to how this process is to work or what its intention is. Section 107 is the "Decision of Commission in relation to development in contravention...

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

Eoin Ó Broin: I have two follow-on questions. I will talk separately to why I would prefer a reference to the State rather than the Government. The language that is used in section 107(3), namely "the development or proposed development is of strategic or national importance having regard to the policy of the Government", is used elsewhere when a decision is being made by a Minister or the Government. A...

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

Eoin Ó Broin: I am asking how the commission would know.

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

Eoin Ó Broin: How would they know what is in the best interests-----

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

Eoin Ó Broin: How would the commission know what is of national importance?

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

Eoin Ó Broin: What is of national importance is obviously a matter for debate. Government will argue it has a democratic mandate to make a call on something that is of national importance. We are now asking the commission to make a decision on something where it is determining that the thing is of national importance. Question one is how the commission is expected to do that. It seems to me something...

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

Eoin Ó Broin: It states, "the Commission shall give public notice". That is the same. It goes on to state that on public notice of an appeal "to which this section applies ... submissions may be made in respect of the material contravention". Will that be governed by a similar set of recommendations to the previous process?

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

Eoin Ó Broin: Section 107(5)(b) states: The Commission shall not be required to give public notice of an appeal to which this section applies if— (i) the material contravention concerned is one that was the subject of a motion for a material contravention resolution within the meaning of section 96 ...

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

Eoin Ó Broin: That is fine. The Minister's view is that what is contained in section 107(5) is comparable to the similar process for the material contravention decisions of a local authority.