Results 20,361-20,380 of 26,350 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: We are going to work on section 10, as we discussed already, with regard to third-party interactions. That just goes forward from the enactment of this legislation. When enacted, the legislation will apply to any new applications. Should such applications go forward to court, that will happen in the context of the provisions of this Bill. There is no retrospection in respect of this matter.

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: I do. Prior to this, we had a discussion on section 10-----

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

Darragh O'Brien: -----and how the third-party interaction will work in that context. We have committed to looking at that.

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

Darragh O'Brien: We can have this discussion again. I am listening to the Deputy.

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

Darragh O'Brien: The original development, however, will still be unauthorised. If someone carried out something that was defined in regulations as an exempted development or an addition to an unauthorised development, the original development will still be unauthorised.

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

Darragh O'Brien: It will still be unauthorised, but if the period has elapsed, it will be statute barred. I get the point the Deputy is making. The original development will still be unauthorised, but as for whether someone could still take an action, I would have to check that out.

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

Darragh O'Brien: The original barn or outbuilding that is built without permission and unauthorised will always remain unauthorised, for the future sale of it and so on. If the period has elapsed, it will become statute barred. The Deputy's question is whether, if someone were to build an extension to that unauthorised building, that additional development would be exempted. I do not think it would be, but...

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

Darragh O'Brien: I move amendment No. 50: In page 40, line 23, to delete “subsection (1) of”.

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

Darragh O'Brien: I understand the point Deputy Ó Broin is making. He mentioned Moore Street as an example. I know it well. Deputy Ó Broin is seeking to add text similar to that in section 9. While the setting would generally be taken into account it should not be a restriction. For example, a development could be in the grounds of a protected structure and we have seen many of these in many of...

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

Darragh O'Brien: I understand the point well, and I understand Moore Street as an example. I assume we are not using Moore Street as a mechanism to change the Bill. It and the battlefield site are very important. I know the area well and I know the history of it very well also, as I am sure all Deputies here do. With regard to the definition, while we could say it is the alleyways in this example for many...

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

Darragh O'Brien: It will still be unauthorised, however. To conclude my point, it will still be unauthorised because it was unauthorised under the law that was in place at the time, and any changes will not make it authorised. I reiterate that the exemptions are not retrospective. If an unauthorised development is carried out, that development will become a type of exempted development after it has been...

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

Darragh O'Brien: I have said what needs to be said from our perspective. I understand the objective. It may be unhelpful to use a specific site as an example. In Moore Street, there have been many changes since the Rising, many of which people would not have welcomed. What can be retained now that was relevant in 1916, or prior to that with the original buildings, which are of architectural merit as well?...

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

Darragh O'Brien: Amendment No. 593 is Deputy McAuliffe's amendment.

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

Darragh O'Brien: Amendments Nos. 593 and 594, which I will discuss together, if that is okay, seek to amend the same line of the Bill, which is section 83(1). Amendment No. 593 seeks to provide that when making a decision on a planning application, the planning authority or the commission shall be restricted to considering the proper planning and sustainable development of the area, with regard being had to...

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

Darragh O'Brien: While the Bill, as initiated, makes reference to the climate action plan and other environmental considerations, I see the merit of examining the intent of this amendment, particularly to ensure the language in the Bill reflects fully the Department's commitment to the Government's climate objectives. Obviously, we must maintain the capacity of the planning system to effectively and...

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

Darragh O'Brien: Yes.

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

Darragh O'Brien: Amendment No. 593 is not moved because Deputy McAuliffe was not here. Does that fall? Apologies, it is just being discussed.

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

Darragh O'Brien: I will start with amendments Nos. 599 and 600, tabled by Deputies Ó Broin, Gould and Ó Snodaigh, if that is acceptable. The amendments propose that in addition to having regard to the protected status of a protected structure or the fact that it is proposed to add a structure to the record of protected structures for proposed development that relates to a protected structure or a...