Results 3,201-3,220 of 15,009 for speaker:Eoin Ó Broin

Joint Oireachtas Committee on Housing, Planning and Local Government: Defective Blocks Scheme: Discussion (27 Feb 2024)

Eoin Ó Broin: What is the gap between the grant Mr. O'Connell will get and the full rebuild cost of his home?

Joint Oireachtas Committee on Housing, Planning and Local Government: Defective Blocks Scheme: Discussion (27 Feb 2024)

Eoin Ó Broin: Leaving aside the extra costs Mr. O'Connell mentioned, there is a gap of between €70,000 and €80,000 for him simply to replace the home he originally bought. That is separate to accommodation and storage. There is a gap of more than €80,000 just with the build costs.

Joint Oireachtas Committee on Housing, Planning and Local Government: Defective Blocks Scheme: Discussion (27 Feb 2024)

Eoin Ó Broin: Perhaps I could get quick responses from Donegal and Mayo in the six seconds I have left.

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

Eoin Ó Broin: I do not want to discuss the amendments or the section. I have three really simple questions on the briefing note we were given the following day, just for clarity.

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

Eoin Ó Broin: The only reason is that this is materially relevant to the amendment but I do not mind as long as I get to ask for clarity before we move off section 11.

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

Eoin Ó Broin: Perfect, I am happy with that.

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

Eoin Ó Broin: I thank the Department for the memo that was sent on Friday. I appreciate that being done, particularly at the end of a busy week. I am seeking three clarifications. I refer specifically to the note on section 11. It is stated that section 11(2) makes provision in respect of the specified types of proceedings listed in the subsection. Given that the subsection refers to "any proceedings...

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

Eoin Ó Broin: That is the first one. The second is to ensure that I fully understand section 11(1). If I read the explanation correctly, section 11(1) relates to circumstances where an enforcement authority is taking enforcement action against the owner of a development. If the developer is able to provide a section 10 declaration stating that the development was exempt, that will be determined as...

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

Eoin Ó Broin: What I am trying to work out is the procedure which is envisaged in section 11(1). If, in the first instance, a planning authority takes a case against a developer and the developer comes into court and says he has a section 10 declaration saying the development is exempt, then that is it - case closed. In some senses, the purpose of this provision is to disincentivise a planning authority...

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

Eoin Ó Broin: It is where a developer is using a section 10 declaration to defend against an enforcement action. The hope here is that if this provision becomes law, a local authority would not proceed with such a legal action if it knew there was a section 10 declaration held by the developer saying that the particular development was exempt. Is that not the case? The local authority would know that...

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

Eoin Ó Broin: For clarity, this provision would apply either to a developer who is defending against enforcement where he has a section 10 declaration stating it is exempt or to a local authority that is pursuing a prosecution.

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

Eoin Ó Broin: Can it be used by both sides?

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

Eoin Ó Broin: The memo we received states that the net effect will be that a third party cannot participate in the decision to grant a section 5 declaration - we know that from section 10 - and cannot challenge a section 5 declaration when given. It is also stated that a third party cannot seek an injunction against the construction or retention of a development carried out on the basis of a section 5...

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

Eoin Ó Broin: Can the third party use the section 10 declaration in the context of section 11 (2) in any proceedings?

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

Eoin Ó Broin: They would have to use section 31(8) of the planning Act. They could not use the section 10 declaration in any proceedings.

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

Eoin Ó Broin: The Minister gave a commitment to examine this matter. The situation I have outlined seems bizarre. It would be much to allow a third party that got hold of a section 10 declaration to just injunct and stop the development. If they have to go through planning enforcement, which takes a long time, the development could be built by the end of it.