Results 221-240 of 2,867 for speaker:Ossian Smyth

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: The Deputy should look at sections 244 and 245. Section 244 is on the creation of rights of way by agreement and section 245 is on the creation of rights of way through compulsory purchase. The local authority cannot point to a piece of land that is privately owned and announce that, from then on, it is going to be a right away. It does not have that power. If there is an established and...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: Yes, the process-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: Tailte Éireann is where the registration happens.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: The identification is the function of the local authority. It registers the right with Tailte Éireann and is responsible for mapping and identification thereafter.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: It is in sections 244 and 245.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: The amendment is not about the creation of new rights of way; it is about the vindication of existing rights of way. That is where-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: Amendment No. 941.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: I move amendment No. 911: In page 406, line 21, to delete “chapter” and substitute “Chapter”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: The idea is that the local authority identifies existing rights of way that are well grounded, which probably means registered with Tailte Éireann, or else that are long held. Those rights of way may not be fully public and may be restricted in some way, such as for the purpose of moving cattle from one place to another. The provision in the legislation refers to the process of the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: I thank the Deputies for clarifying this for me. If we look at section 246 we can see some additional and supplemental provisions with respect to public rights of way. I am looking in particular at subsection (2) whereby, with regard to a right of way required by the section to be maintained by a planning authority, a person shall not damage or obstruct the way or hinder or interfere with...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: It states in section 246(4) that where a right of way required by the section to be retained by the planning authority is damaged or obstructed by any person, the planning authority concerned may repair the damage or remove the obstruction. The expenses incurred by it in the repair or removal shall then be paid by that person. Whoever obstructed the right of way has to pay for the removal.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: The planning enforcement section would bring it before the courts if required, as it does in other cases.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: Amendment No. 945 relates to providing for landscape conservation areas. Landscape conservation areas, which were dealt with in section 204 of the Act of 2000, were not included in the Bill as it was a little-used provision and because its objectives may be achieved through the development plan process and through controls on the scope of exempted development. I am satisfied these...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: The two points are-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: My apologies.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: I thank the Deputies for their questions. There are two answers as to why landscape conservation areas are being removed and why they are not included in the Bill. The first is they were little used in the past. The second is that it is expected it will be achieved in another way. This is looking at section, where there is an obligation to prepare a strategy for conservation. According to...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: I thank Deputy O'Callaghan. It is more than a high-level strategy. Section 48(2) states the strategy shall include objectives for conservation, protection, management and improvement. Section 48(2)(j) mentions the strategies for landscapes, views and prospects in a manner consistent with the strategy referred to previously, having due regard to any framework of any Minister or Government...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: In practice it was rarely, if ever, used. I am not sure I entirely understand the difference between designating an area as a landscape conservation area and putting into a conservation strategy designating a particular landscape as being worth protecting. I think that-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: Architectural conservation areas have been used a lot.