Results 4,681-4,700 of 25,732 for speaker:Darragh O'Brien

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

Darragh O'Brien: This relates to the difference between a decision on appeals to the commission and to applications. The Deputy is seeking to delete section 96(2)(b), which provides that in order for the planning authority to decide to grant permission by resolution for a land-based development that contravenes the development plan, the development must also be consistent with such provisions of the NPF,...

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

Darragh O'Brien: The provision ensures there is consistency with a plan-led approach as well. It clearly sets out that, in the case of a development referred to, it would have to be consistent with the NPF, national planning policies and so on. It provides that it has to meet the criteria under section 96(2)(a)(i) and (ii) for that to be done. In the case of a development or proposed development, it is...

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

Darragh O'Brien: I am listening to the Deputy. I am just trying to get some things straight.

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

Darragh O'Brien: I think we may be speaking at cross-purposes here. This relates to the material contravention itself. The section provides that a material contravention to a development plan must be consistent with the matters referred to. That is a strong provision. In effect, section 96(2)(b) states that a material contravention brought forward for whatever reason, obviously through the planning...

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

Darragh O'Brien: It is the other way around, if the Deputy knows what I mean.

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

Darragh O'Brien: This relates to applications and the making of material contraventions. They are, of course, related here. Basically, it is that the local authority and the planning authority would have to rightly refuse an application made in respect of a material contravention if the material contravention, as articulated in the development plan itself, did not comply with the national planning framework...

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

Darragh O'Brien: Basically, what we are saying here is if an application is made to a planning authority, the planning authority must refuse it if it is not consistent with the provision to which I referred. The details for such refusal are detailed. Permission for such development within the functional area of the planning authority must be refused unless the planning authority decides to make a material...

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

Darragh O'Brien: No, it is not an amendment to the development plan itself, but it might decide a resolution to grant the permission under this section as long as by granting permission it is still consistent with the development plan, the national planning framework-----

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

Darragh O'Brien: With the national planning framework, excuse me, and with national planning policies dealing with the matters dealt with by the provisions of the development plan itself.

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

Darragh O'Brien: Yes.

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

Darragh O'Brien: It could apply to any application if it was deemed to be of such import-----

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

Darragh O'Brien: -----that for the development of an area, a facility or whatever that may be, it gives the ability for the executive to bring forward a resolution that would be voted on by members and accepted or rejected.

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

Darragh O'Brien: It could be any planning application. It would have to obviously be a planning application that is of such import that, let us say, a planning authority says it believes the application should be granted for whatever reasons, but then it has to show that in granting that application the proposed development is consistent with the provisions of the national planning framework, national...

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

Darragh O'Brien: It could, yes.

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

Darragh O'Brien: It would not be the individual, that is, the applicant, it would obviously be the planning authority.

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

Darragh O'Brien: The other element to that is it would have to be brought forward by resolution and acceptance of that resolution.

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

Darragh O'Brien: Yes, exactly. It could be a development, a piece of infrastructure or whatever that is. The development plan is passed and it is done. It has gone through the OPR and the process. This gives the ability for the planning authority or the executive to bring forward a resolution on foot of an application that is made. I see this arising potentially in very limited circumstances as the...

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

Darragh O'Brien: I would say it will be rarely used but it could be an application a local authority or planning authority wants in its given area. The zoning currently in place, for argument's sake, would not permit, potentially, that development itself but the executive of the local authority could deem it to be of such importance - this is just an example - that it believes it should be granted. You...

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

Darragh O'Brien: I get the point. If the Deputy looks at paragraph (c) he will see what the process is. That states "The chief executive shall, within such period as may be prescribed, prepare, and submit to the members of the planning authority"-----

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

Darragh O'Brien: It is on page 216. It is section 96(4)(c). That details the process. I am just giving the example this could be for a structure or further piece of infrastructure that may not be permitted in principle under an existing development plan or part of a development. Then the local authority believes it of such import that it and the chief executive bring forward a report: ... stating the...