Results 1,241-1,260 of 4,720 for speaker:Malcolm Noonan

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: Where it is defined, that is the overground electronic communications infrastructure, so there is no definition there. It is taken as read.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: No.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: In response to the Deputy's first question, I agree with him. It is something we have all come across, whereby roads have been removed for infrastructure and have not been returned or there has been maybe a settling of materials. It is a matter for the local engineer, the local authority, to rectify that. In any of the cases I have had in my constituency, that would be the case. The local...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: No. There are functions under the Roads Act, certainly, but it is not in this Bill. Generally, it is the case that it is work that is carried out by the local authority in its day-to-day roads programme, and sometimes that is the resurfacing, including repairs to works that have previously been done by contractors.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: Subsection 12(5) states: A planning authority may, upon an application under this section— (i) grant a licence under this section in respect of such period, and upon such conditions (including conditions relating to location and design), as the planning authority may specify ... I would assume, therefore, that it would be included in that. They do require a road opening...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: They should be covered under the road opening licence issued by the authority. That is where those conditions should be put in place as regards returning the road surface to the condition it was in.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: Section 12(6) states: Where, in the opinion of the planning authority, an appliance, apparatus or structure for which a licence has been granted under this section or section 254 of the Act of 2000 causes an obstruction, or becomes dangerous, by reason of the increase or alteration of traffic on a road, the widening of a road or any improvement of or relating to a road, the planning...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: To go back, the road opening licence covers that, if members will excuse the pun. It covers the reinstatement afterward. Section 12(7)(d) provides that in considering an application for a licence under this section, a planning authority shall have regard to "the convenience and safety of road users including pedestrians". Although it is covered under the Roads Act, I think that line covers...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: The conditions of the granting of the licence, the road opening licence and the subsections I have read out collectively address those issues. The road opening licence would have to have those conditions in place around the reinstatement of the road to a good condition - I do not know the terminology - or to the condition it was in previously. That would be a standard provision. This is...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: I do not think it is a fault of the legislation. If the provisions here are not any different it is because they are there to ensure utility companies reinstate the surfaces as they were. Again, it is a matter of application at the level of each local authority, I imagine.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: Yes. It would be read in conjunction with subsection 12(1)(a), which relates to "a public electronic communications network".

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: We discussed this at length yesterday in terms of the exceptional reasons. It is important to align it with the general consenting timelines for local authorities. That is the rationale behind it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: Certainly it would, but what we have set out here gives that. It is about general alignment and consistency for local authorities. That is the approach we have taken with it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: We do not see it as needed. The four weeks are sufficient.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: It was a drafting decision by the OPC, just in terms of the layout of paragraphs (a), (b) and (c) of section 12(9).

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: No.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Malcolm Noonan: Yes. It provides that any person "Any person may appeal the refusal by a planning authority".