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Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Land Value Sharing and Urban Development Zones Bill 2022: Discussion (4 May 2023)

Eoin Ó Broin: I am very interested in both of these propositions. All of my questions are aimed at getting as much clarity as possible in terms of the general scheme. It would be really helpful to the committee if, in a simplified way, Mr. Hogan talked us through what would happen if the general scheme as outlined were enacted and somebody secured zoning for a residential development on a newly purchased...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Land Value Sharing and Urban Development Zones Bill 2022: Discussion (4 May 2023)

Eoin Ó Broin: I apologise for interrupting but I wish to restate my question for the sake of clarity. Will the legislation apply only to land zoned after its enactment, be it in a day or year, or will there be a retrospective element?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Land Value Sharing and Urban Development Zones Bill 2022: Discussion (4 May 2023)

Eoin Ó Broin: Could that be clarified? Notwithstanding the transitional mechanisms, will the process under the scheme be at the point of application for planning rather than at the point of zoning?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Land Value Sharing and Urban Development Zones Bill 2022: Discussion (4 May 2023)

Eoin Ó Broin: And any land zoned in the future?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Land Value Sharing and Urban Development Zones Bill 2022: Discussion (4 May 2023)

Eoin Ó Broin: However, the process kicks in at the point of the planning application.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Land Value Sharing and Urban Development Zones Bill 2022: Discussion (4 May 2023)

Eoin Ó Broin: Absolutely.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Land Value Sharing and Urban Development Zones Bill 2022: Discussion (4 May 2023)

Eoin Ó Broin: Let us talk through an example. If I purchased land after 2021 and made a planning application after December 2024, what would the process be?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Land Value Sharing and Urban Development Zones Bill 2022: Discussion (4 May 2023)

Eoin Ó Broin: Is there a mechanism under the scheme to update the register in light of the transactions thereafter and the new land values?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Land Value Sharing and Urban Development Zones Bill 2022: Discussion (4 May 2023)

Eoin Ó Broin: I absolutely accept what Ms Mulhern is saying about the difference between the market value and the transaction price but she should consider an example from Dublin 8 that involved residentially zoned land with planning permission for 35 residential units, with retail and a restaurant downstairs and owned by a mainstream developer. Another developer, The Collective, came in and paid twice...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Land Value Sharing and Urban Development Zones Bill 2022: Discussion (4 May 2023)

Eoin Ó Broin: To clarify, at the point of establishing the register, there will be an existing-use valuation and a market valuation based on the existing use and the market value at the point at which the land was last zoned, which will have been in the most recent round of development plans. If there was a piece of land that, prior to that zoning, was agricultural use but was then zoned for residential...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Land Value Sharing and Urban Development Zones Bill 2022: Discussion (4 May 2023)

Eoin Ó Broin: Perfect. To return to the issue of changing values, that means that in, for example, South Dublin County Council, which the Leas-Chathaoirleach and I know well, a development plan was approved last year, so whenever the Bill is enacted, whether next year or whenever, it will relate to the 2022 market value.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Land Value Sharing and Urban Development Zones Bill 2022: Discussion (4 May 2023)

Eoin Ó Broin: Is the anticipation, therefore, that the valuation will be updated only with each development cycle review, or what is the mechanism? Even within the two or three years between when the land was last zoned and then becomes valued, the values may shift depending on what is going on. One could imagine that in the Clonburris SDZ, for example, now that the infrastructure is being built in...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Land Value Sharing and Urban Development Zones Bill 2022: Discussion (4 May 2023)

Eoin Ó Broin: Imagine a four-year period starting from the point of valuation. The uplift in the value of the land could be considerably different four years on from the period of zoning. Is there a mechanism for capturing the uplift at a particular point?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Land Value Sharing and Urban Development Zones Bill 2022: Discussion (4 May 2023)

Eoin Ó Broin: After the transitional mechanisms, that will also apply, subject to the passage of the planning and development Bill, to a ten-year planning development cycle.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Land Value Sharing and Urban Development Zones Bill 2022: Discussion (4 May 2023)

Eoin Ó Broin: This was my next question.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Land Value Sharing and Urban Development Zones Bill 2022: Discussion (4 May 2023)

Eoin Ó Broin: At the point of valuation, there is the existing-use value and the market value. The tax liability is calculated based on 30% of the difference between the two. In another instance, at the point of valuation, if that land had previously been residentially zoned and was rezoned as residential or the zoning was left even though no development had taken place, how is the gap between the...

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