Results 20,301-20,320 of 26,350 for speaker:Darragh O'Brien

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: We will have categories of exemptions within the regulations. They would be adequately covered there. They are adequately covered also in the principal legislation. I note the point Deputy O'Callaghan has made. I will seek further advice rather than clarification on the potential scenario he raises. We are not in a position to accept the amendment as it currently stands. Similar to...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: It is a minor amendment to a reference in section 9. Currently, the Bill refers to making exemptions for developments that would, but for the repeal of section 4(1) of the 2000 Act, be exempted developments within the meaning of that Act. Limiting this provision to subsection (1) was incorrect, as development was exempted throughout section 4 of the Act.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: Exactly.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: Deputy Ó Broin is correct in that I will not be accepting the amendment. The Bill already provides for consultation with State authorities. I do not know whether the Minister of State, Deputy Noonan, dealt with amendments Nos. 58 and 59, but I wish to consider them further. They would provide for consultation with statutory undertakers. Has the committee reached those amendments?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: The Bill already provides for consultation with State authorities. I was not here for that part of the debate, but the Minister of State indicated he would consider the subject matter of amendments Nos. 58 and 59 further. Both read "after “authority” to insert “or statutory undertaker” ". We will consider this in consultation with others when preparing the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: I would not have to consult, but we will consider whether further strengthening of this provision is required. Requiring that the prescribed bodies be consulted on every element in every single instance may well be far too onerous, so I will not accept the amendment.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: The Deputy knows this, given that he drafted the amendment, but if he looks at page 38 and section 4(3) on orders and regulations, he will see it reads, “The Minister shall, before making regulations under this Act, consult with any State authority in which functions vest that he or she considers are connected with the matters to which the proposed regulations relate.”

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: Understood. Sorry. Go ahead, Deputy.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: In terms of the regulations, the Minister of State said that, although they will be withdrawn, we would look at amendments Nos. 58 and 59 in the round and see whether we can strengthen the provisions. I appreciate Deputy O’Callaghan’s point that his amendment does not put an absolute onus on the Minister of the time and instead allows the Minister to decide whether he or she...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: Under Deputy O'Callaghan's amendment, the Minister may not do it anyway.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: As we discussed last week, the advantage with regulations is that we can see how things are working and they can be changed. Even if I were to accept the amendment, which I will not, it would not put the onus on the Minister. It is effectively a statement. Any Minister could decide not to consult, although I do not see that happening. I will take on board the points raised and see...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: In respect of amendment No. 52, I assure members we will look at that and work with them on the regulations in that regard. In respect of amendment No. 56, exemptions are not retrospective, so if an unauthorised development is carried out and that development becomes a type of exempted development after it has been carried out, that will not make the development authorised. The test as to...

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

Darragh O'Brien: We can look at that. I did say yesterday that we had input and feedback in relation to this specific insertion of a new subsection into section 83. We will look to refine the wording between now and Report Stage. We have received feedback from members of the committee as well. We are going to work on that between now and Report Stage.

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

Darragh O'Brien: Of course.

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

Darragh O'Brien: The Deputy mentioned the Planning Regulator, which is obviously central to our system in checking that the development plans are consistent with the national plans. We have had recommendations from the regulator where voted changes to the development plan have not been accepted. Those recommendations have been followed through in the main by the Minister of State responsible for planning,...

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

Darragh O'Brien: I assure the Deputy that I will work on the wording. I have taken on board the points members have raised on that.

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

Darragh O'Brien: Of course. I certainly get the point. Deputy O'Callaghan has done development plans too. I assume every person in here has sat through and voted on a development plan. When looking at development plans, you will see where school sites are identified and where there are objectives for school sites and community facilities. That is all part of the plan-making process. What we want to do...

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

Darragh O'Brien: First, I do not necessarily subscribe to, let us say the greater Dublin area, GDA, that we have a big overhang of overzoned land. To be fair to the Office of the Planning Regulator, OPR, it derisks overzoning. I have seen recommendations that have come up because I have to deal with them as Minister. Very specific and detailed is work done by the OPR. Once a draft development plan is...

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

Darragh O'Brien: I do not agree. We do not know what evidence backs that up. If the Deputy is saying outside of Dublin, is he referring to outside of the city? It is not the situation in Fingal and is certainly not the situation in south Dublin. I do not agree. We could have a debate on that or we could talk about the amendment.

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

Darragh O'Brien: Certainly, it is appreciated. The residential zoned land tax, RZLT, is another activation measure and it is important that where land is zoned that it is used, and for the purposes that it is zoned for. I agree with the point and will conclude on this. There should be no assumption from one development plan to another that just because land is zoned in one, it should remain zoned in the...