Results 5,881-5,900 of 15,009 for speaker:Eoin Ó Broin

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: Departmental officials might benefit from it as well.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: The leapfrog provision was an amendment introduced on Report Stage to that Bill but not pertaining to that Bill. It was one of those late stage amendments-----

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: -----that we do not get to scrutinise when they are introduced late.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: When we particularly asked the representatives of the Department that question at the start, they said it was for reasons of cost liability or claims of cost under the new cost regime, but how and ever. I will indicate at this point that I want to come in on the third round.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: I am delighted Mr. Flynn mentioned enforcement because it is one of the areas where we have not had adequate discussion of the Bill in the seven meetings we have had to date. It seems to me there is very little new in the enforcement section and a lot of it is just transposition of existing elements of the original Act. I have two questions on that. In terms of our enforcement regime, is...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: Is there a sense that this section of the proposed Bill adopts what is almost a shared-service model, where there is a pooling of existing resources?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: Does Mr. Flynn think resources are more important?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: To go back to the issue of costs, and section 250, although it is only a general scheme head, this limits access to the scheme to non-compliance with national and European law. To what extent would this narrow cost-protection and cost-recovery perspective apply in the context of the Heather Hill judgment? I presume in the aftermath of that case there are many others that would be eligible...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: Until we see the scheme.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: If I can ask the question in another way, if we take residential developments that have been upheld under judicial review, it is often the case that they are not in breach of national law but of a city or county development plan.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: Here is a clear case where, in fact, in many of these judicial reviews the point of law at the centre of the contest was a divergence between national law and specific planning policy requirements, SPPRs, versus the development plan. If somebody were, therefore, to take a judicial review to uphold the development plan and then had it upheld, under the very limited wording of the proposed...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: Absolutely.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: To pick up that point, I have always been of the view that it is primarily a resourcing issue in the sense that both the length of time it takes the board to make decisions and the length of time it takes the courts to proceed is a function of the number of people who are working on those cases. There is obvious logic to that. I believe, however, that we should try to have a planning...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: I apologise for cutting across Mr. Flynn but should we really be looking at a timing matrix rather than a number? I take the point about timelines in primary legislation. There might be an argument for the legislation setting out a mechanism by which timelines are determined or for a timeline matrix to be agreed and then reviewed. What we do not want is a set of timelines that simply does...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: To be clear, our conversations with the Department have had to do with resources for the planning authorities because resources for the Judiciary are ultimately a matter for the Department of Justice. However, even that is an issue because the Department of Housing, Local Government and Heritage is proposing a set of changes that will also impact on the operation of the courts but that...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: Is there a representativeness condition, as opposed to a material impact condition, in any of those other jurisdictions? Does a group of residents have to demonstrate that it represents 50% plus one of the residents in a certain area?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: Grounds.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: I apologise. Perhaps I did not explain the question properly. We had a previous discussion with Senator Seery Kearney on the issue of Departments and officials often saying that a particular group of people taking a judicial review against a development is not representative of the community from which they emanate. Nowhere is it a requirement under law for a group to be representative....