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Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Department of Housing, Planning and Local Government (26 Jun 2019)

Eoin Ó Broin: Is that because it is not just that the BER is a legal requirement but there are issues relating to the disabled access and floor space because of the protected nature of the structures? Is that the rationale for doing so?

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Department of Housing, Planning and Local Government (26 Jun 2019)

Eoin Ó Broin: There is no statutory definition of what a substantial refurbishment is for those properties.

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Department of Housing, Planning and Local Government (26 Jun 2019)

Eoin Ó Broin: Sure.

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Department of Housing, Planning and Local Government (26 Jun 2019)

Eoin Ó Broin: I thank Ms McMahon.

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Department of Housing, Planning and Local Government (26 Jun 2019)

Eoin Ó Broin: For the Minister?

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Department of Housing, Planning and Local Government (26 Jun 2019)

Eoin Ó Broin: Obviously, the reason one wants to do this is in anticipation or in case of something in one of those spatial plans that the Minister or the Department feels is not consistent with the national planning framework, NPF, or other Government strategies.

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Department of Housing, Planning and Local Government (26 Jun 2019)

Eoin Ó Broin: If one does not do this, is Mr. Hogan saying that if one of the spatial strategies is not consistent in the view of the Minister or the Department the only recourse for the Minister would be a judicial review?

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Department of Housing, Planning and Local Government (26 Jun 2019)

Eoin Ó Broin: Does Mr. Hogan anticipate any such gaps between what he expects to be in the plan and the NPF and existing Government strategies?

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Department of Housing, Planning and Local Government (26 Jun 2019)

Eoin Ó Broin: It is more than a timing issue. It is quite a significant provision. Clearly, it is a provision that was intended in the original legislation that was published in 2016. So that we are clear, if the Minister or the Department is concerned that the content of one of these plans is a problem, this gives the Minister an avenue to resolve that problem in line with the national planning...

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Department of Housing, Planning and Local Government (26 Jun 2019)

Eoin Ó Broin: The Minister would then request the planning regulator to go in, produce a report and make recommendations to the Minister as per the legislation, and the Minister would then be legally entitled to act to say to the regional authorities to amend their draft plan in line with Government policy. Am I wrong in that?

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Department of Housing, Planning and Local Government (26 Jun 2019)

Eoin Ó Broin: My point is, because the Minister is only able to - I will use the word "intervene" but Mr. Hogan might have a more polite word - intervene in this process through the office of the planning regulator, this is the mechanism through which the Minister and the Department is allowed to intervene if the Minister or the Department feels there is a problem with one of those spatial strategies.

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Department of Housing, Planning and Local Government (26 Jun 2019)

Eoin Ó Broin: In the planning regulating legislation, it is not binding. It is only that if the Minister chooses not to accept that advice, he or she has to lay on the record of the Dáil the reasons.

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Department of Housing, Planning and Local Government (26 Jun 2019)

Eoin Ó Broin: In no sense is it binding. It is only that the Minister must explain why he or she is not accepting it.

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Department of Housing, Planning and Local Government (26 Jun 2019)

Eoin Ó Broin: On the student accommodation provisions, which I support, is the issue that the definition of an "owner" in the Bill we passed may allow the likes of a shell company, for example, to get some kind of permission and then restructure itself so that the terms of the original Act would not apply? Can the Department give us a little more information about the kind of loopholes that are available?...

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Department of Housing, Planning and Local Government (26 Jun 2019)

Eoin Ó Broin: Can Ms McMahon explain in the most simple terms possible how that loophole could work?

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Department of Housing, Planning and Local Government (26 Jun 2019)

Eoin Ó Broin: Could the same loophole apply in other relevant legislation such as with co-living or to other recent innovations with leased properties? Has anybody checked whether the potential loophole that has been identified in the drafting also exists elsewhere?

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Department of Housing, Planning and Local Government (26 Jun 2019)

Eoin Ó Broin: Is Ms McMahon certain that type of loophole could not apply in a co-living development, for example, as opposed to student-specific accommodation?

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Department of Housing, Planning and Local Government (26 Jun 2019)

Eoin Ó Broin: The Residential Tenancies Board stated in this committee that there would be certain circumstances, even before this legislation was introduced, where certain kinds of licences would have entitled a licensee to claim exclusive occupation and, therefore, would have fallen under some of the provisions of the Residential Tenancies Acts. That has been its view for some time.

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Committee Stage (26 Jun 2019)

Eoin Ó Broin: I thank the Minister of State. I have no difficulty with the thrust of anything he has said but I have two questions for clarification on amendment No 15, specifically on the proposed section 20(d). Even though the title is "Power to limit rates income" can I take it to mean this is really to ensure that local authorities do not lose out financially either from losing appeals or from the...

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Committee Stage (26 Jun 2019)

Eoin Ó Broin: We had a discussion earlier about the length of time appeals are taking, and if there was a significant number of appeals in one local authority area that were lost - and if those appeals take six or 12 months - clearly there would be a net impact on other ratepayers. In order for the local authority to not lose out from losing those appeals and for the overall rates income to be revenue...

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