Results 3,441-3,460 of 15,009 for speaker:Eoin Ó Broin

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: There is a greater likelihood of something happening if it is in primary legislation rather than in a regulation or not legislated for at all. Therefore, having it is better than not having it. While I appreciate the Minister said he would consider this provision, he went on to say he did not believe it was necessary.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: Deputy McAuliffe's amendment speaks to a query I had. It is a question I will ask repeatedly. Will the Minister of State put on the record what is substantively different in this section from what was in the primary legislation in the 2000 Act? Deputy McAuliffe pre-empted the question by having a clear sense of it. Specifically, what is not provided for here that was provided for in the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: From my reading of section 9(1), there might be a period of time when the 2000 Act is repealed and the 2024 Act and this section of it are not enacted. This is a transitional mechanism to deal with that area, as in, things exempt under the 2000 Act will continue to be so until such time as the new Act comes into force. Are we sure there are not any lacunae that could lead to a development...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: That is the transitional mechanism.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: Does the Minister of State or his officials think it is needed?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: I move amendment No. 51: In page 40, line 29, after “planning,” to insert “and the use of Irish within the community, in the case of a development in a Gaeltacht area,”

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: I move amendment No. 53: In page 41, line 12, after “or” to insert “a language impact assessment or”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: I move amendment No. 55: In page 41, between lines 22 and 23, to insert the following: “(iii) the surrounding context of the structure.” Will the Chair give me a moment please? It might be worth reminding committee members what the time arrangements are, given our discussion.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: This amendment relates to exempted developments. The relevant section I am looking to amend states: Development (other than development that is exempted development by virtue of subsection (1) or (2) of section 146) shall not be exempted development for the purposes of this Act if— (a) in the case of a protected structure or a proposed protected structure, it materially affects or...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: It is important to remember that it is not carte blanche. It is only where the character of the surrounding context and structure would be materially affected. It is quite limited. In the case of Moore Street we know what we are talking about because generally speaking it is the alleyways. The alleyways are of particular historical significance as they are how the volunteers made their...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: This point arose quite often in our earlier session today. It relates to the need for a more formalised legislative basis for consultation and engagement during the production of regulations, national planning frameworks or policy statements. Amendment No. 63 seeks to ensure that relevant prescribed bodies are consulted on all proposed regulations under this section on exempted...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: Nobody is proposing sterilising anything. In fact, a proper historical monument taking into account the context of the building would be an enormous boon to the area in terms of amenities and facilities for local communities, as well as tourism for those of us who live elsewhere in the State or the city. A state-of-the-art historic monument on the Moore Street site, by way of example, would...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: Amendments Nos. 599 and 600 are next.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: I want to deal with amendment No. 604 or first, if the Cathaoirleach does not mind. We can deal with amendment No. 605 second. I do not understand why this is being removed. Section 83 of the Bill is headed "Matters to which planning authority and Commission shall have regard". Section 83(3) outlines that, where a decision with respect to an application for permission is being considered,...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: The two issues are being confused. Licensing is a process relating to the operation of a facility, whereas planning is to grant permission-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: -----for the use of the structure. They are not the same. By the Minister's logic, section 83(3)(g) should also be removed because there are legally binding elements as regards the transboundary convention and provision for submissions or observations by other competent authorities. It seems strange to me. Is the position that, if I put in a planning application for a facility that will...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: With the greatest respect, my question was a different one. Planning is about development, the use of buildings and changing the use of buildings. Licensing is about a licence to operate a particular service. They are not the same thing. Let us imagine I want to submit a planning application for a change of use for a commercial building in an industrial estate with a view to running one...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: Perhaps the Minister could explain why it is not appropriate. I am trying to understand the logic. Will the Minister give us more information about the legal advice?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: Okay. There is a problem here. Again, I am not trying to be awkward at all. However, members of the committee are very reasonably asking for explanations with some frequency. It may well be that, when I am provided with an explanation, it will make complete sense. The Minister or his colleagues are frequently not in a position to give an explanation when we ask these very reasonable...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: I have not finished. I have the floor. The volume of notes that is going to be produced is very high. We are not necessarily going to get to return to those issues on Report Stage, depending on how much time the Business Committee and the Government decide to give us. We are finding ourselves in a genuinely difficult position and I am appealing for the Minister to understand our challenge,...