Results 3,321-3,340 of 15,009 for speaker:Eoin Ó Broin

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Given that this was a significant element of the PLS process and that was eight months ago, was there any discussion with the Attorney General or any consideration of how to fix this in accordance with the issues that were raised during PLS and subsequently? That was eight months ago. What I am saying is that this is not a new issue.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Were there any-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Other amendments in the group that relate to section 11 have not been dealt with yet. We have only dealt with the section 10 amendments. It is a bit confusing because it is called "Section 10 supplemental provision", but it is section 11.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Yes, the second half of the grouping includes amendments Nos. 99 to 103. They are all in the same grouping.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Sure, and I accept and respect we are.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: No. It is important to understand, notwithstanding the fact that some of this may change, the position in terms of what is there right now. If, on enactment of this legislation, I, as a developer or a landowner, submit a section 10 declaration request and get it and if that becomes subject to a legal challenge, I can submit it as evidence. It would not be conclusive evidence, but I can submit.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: However, a third party who might have a copy of that would not be allowed to submit it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: I am genuinely interested in understanding why that would be the case. It is the same material, and potentially the same information, so surely both sides should have the right to submit it in evidence, particularly if it is not conclusive evidence, because, obviously, a court should be able to consider things in the round?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Let me pose two scenarios, because I am only getting to grips with this section as we discuss it. Let us look at the first scenario in the context of what is here. I am a landowner or developer. I submit a section 10 declaration request and I get back a positive response that it is exempted development. I then proceed with the development but it is legally challenged. I then have the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Yes, but in this case when I put in my declaration request, the planning authority said it was not exempt. I have that. A third party may have, through whatever means, obtained a copy of that. They may be legally challenging my development, which is not exempted, but they would not be able to submit that as conclusive evidence. This seems a really bizarre imbalance of rights between first...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: I appreciate that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: In light of that, it seems that only the first party should have the right to submit evidence that is deemed conclusive in legislation. It also seems hard to understand how, under section 11(2), a relevant declaration under certain circumstances would not be admissible. I would have thought that ultimately it is a matter for a court to decide if something is admissible or not. We are being...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: No. Let us consider a situation where the types of changes to section 10 were made. Let us imagine the Minister had a road-to-Damascus conversion, got hit on the head with a heavy object and all of a sudden he agreed with us on this side of the House. Even if we got section 10 right, there would still be reservations about section 11 in the context of equity between first and third parties...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Sure. I will make two observations. That is not what the legislation says. It says "shall not be admissible". It does not say it shall not be used to initiate. They are two different things. Also, it is not just about whether or not it can be initiated. Think about a real-life case. I have my exempted development declaration, have spent a large amount of money refurbishing my factory...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Where it starts is possibly a step before that, where I as a third party make a planing enforcement complaint as part of which I give the planning authority information. While maybe not legally, I am a party to the proceeding in real terms because I have initiated it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: I am not legally a party but I have initiated this in the local authority and planning enforcement is pursuing this on foot of my complaint and the information I have given it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Let us say I, as a third party, make a formal complaint to my planning authority and, as an individual, go to South Dublin County Council, fill out the relevant form and make a complaint. As part of that I submit some documentation, including a copy of the section 10 declaration. The planning authority then investigates and decides to take action. I have initiated that process because I...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Please correct me if I am wrong but does section 11(2) not prohibit that?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Does that then mean I have it correct? Section 11(2) basically means the first party cannot use their section 10 declaration if section 11(1)(a) and (1)(b) apply.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Perfect.