Results 6,681-6,700 of 27,055 for speaker:Darragh O'Brien

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: I will have to check that. There is relevance in what I said earlier insofar as how third parties will interact on section 10. As I said, I would expect that when we make changes there, they will have to flow into a change in this section.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: I would absolutely think that it would have to because section 11 deals with the application obviously so it would have to.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: If someone is relying on section 10, then why would they be in court. We will have to look at this on the basis of any changes that are made in section 10 and how that would interact with this section. I understand the point the Deputy is making. He is looking at that, as it is there, in isolation of any changes that would be made in respect of third parties.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: The start of section 11 reads, "A relevant declaration shall be conclusive evidence of the matters stated therein in relevant proceedings brought by an enforcement authority". That is the planning authority or another enforcement authority, such as the EPA. That is where this starts.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: You are not party to it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: We probably should have gone back a few minutes. This section is looking at proceedings brought by an enforcement authority. You are not party to it as an individual. If you wanted to take a case and had a copy of that declaration, you would expect you would not be party to that case but would be taking a case with other evidence. This relates to an enforcement authority. We are talking...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: I would not think so. The enforcement authority would be taking the case. Let us say you have made your complaint and it has gone to the enforcement authority. It has assessed it and believes it needs to take action in the court. That would be part of the evidence submitted by the planning enforcement authority to the court.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: It is my fault too because we jumped ahead of this. This relates to the enforcement authority. MARA or any enforcement agency taking a case will submit the evidence it has. I would expect that would also be the details submitted in the original complaint, if they are relevant to the case.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: By anyone else.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: I will have to look into this aspect in more detail. I want to get the Deputies a proper explanation of it. We dealt with the planning enforcement piece with the enforcement authority and are all clear on that. However, this is referring to a declaration itself outside of that. For any other individual who is actually taking a case, the declaration itself could not be used solely as evidence.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: I genuinely will have to check that. I think the Deputy is right. We started off incorrectly on section 11. What we were discussing in respect of the section 10 changes do not impact it. From the initial reading I thought they might, but they do not.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: I refer in particular to section 11(2). I will get a note on that. It is one of the famous notes to which Deputy Ó Broin referred yesterday. I want to get clarification on it because I do not want to lead the Deputy down the wrong path on it. We can get a note from the Office of the Attorney General. I will get that because I think it is important. As I want to understand that...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: Nine. It was eight plus one. That is nine.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: It would be the person. It would be the original person who sought the declaration. We will clear that one up.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: On the second point that Deputy Ó Broin made, this is set aside in section 11(1)(a)(i), where the person knowingly provided false information. The relevant declaration would be conclusive evidence unless it was proved to be false, in which case it would not be deemed to be conclusive evidence. We will include that in the note. We will get a detailed note from the Office of the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: It would be capable of being submitted as evidence. This section relates to a relevant declaration and states that it "shall be conclusive evidence". Obviously, it is the first party in that instance. Should there be changes to what we have discussed already with regard to the third-party piece, we will have to look at that. The Deputy raises a fair point. Let us say that we resolve and...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: First, you would be able to submit that as evidence. It is a copy of the same declaration. So the Deputy is saying a third party would have the declaration - effectively the decision of the local authority, which would be published - and they would submit that to the court. They can do that but it would be up to the court to adjudicate.