Results 5,321-5,340 of 6,949 for speaker:Cian O'Callaghan

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Cian O'Callaghan: I thank our guests for their presentation and for coming in. My concern relates to the points the Chairman made. This legislation may be creating an easier path for retention and by doing so, could be undermining the EU directives that are there to protect the public interest and the environment. The legislation could be making the situation worse than it is. I accept that it does not...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Cian O'Callaghan: Yes.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Cian O'Callaghan: That would mean a total of approximately €15 million.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Cian O'Callaghan: Is the expectation that those fines will cease soon?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Cian O'Callaghan: Sure.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Cian O'Callaghan: There is no proposal in the heads to extend the timeframes for the public participation elements despite the fact that substitute applications, by their very nature, are much more complex than an ordinary planning application. To assess them and make an informed submission, from a full participation point of view, would take a great deal of time. Will Mr. Kelly consider extending those...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Cian O'Callaghan: I appreciate that. Finally, the test for exceptional circumstances is a core issue here. Perhaps Mr. Kelly will explain the Department's thinking on it, particularly regarding how it accords with paragraph 57 of C-215/06 and the definition of the Act in terms of meeting the three conditions set out by the Court of Justice of the European Union. Effectively, there are three conditions -...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Cian O'Callaghan: If section 177B is repealed, how will a local authority or any other body direct a party to apply for substitute consent? I have a few other questions, but Mr. Kelly might take that one now.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Cian O'Callaghan: It does. Ultimately, the developer does not have to enter the process, in which case enforcement proceedings will come to a conclusion and the developer might-----

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Cian O'Callaghan: If the developer does not apply for regularisation, he or she may have to take down what was put up.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Cian O'Callaghan: Is there a reason for he timeframes for public participation being set out in the regulations instead of in this legislation?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Cian O'Callaghan: It is an important part and including it in the legislation would be much better. Head 4 proposes changes to a key section, namely, section 37L. Whereas the other heads are specific in their wording, no wording is indicated in this case. Is there a reason for that?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Cian O'Callaghan: I am referring to head 4 and the changes to section 37L. There is no wording.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Cian O'Callaghan: Yes.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Cian O'Callaghan: I will return to the issue of exceptional circumstances, which Deputy Ó Broin and the Chairman mentioned. Regarding the three key tests, the provisions should not give a person concerned the opportunity to circumvent or dispense with the community rules. Doing so should remain the exception. It is not clear to me from this that all three of those are specifically set out separately in...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Cian O'Callaghan: We lost Mr. Kelly there. I think he was just finishing up that point.