Results 20,381-20,400 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 discussed this before the previous break. My view is these would be matters for decision by a planning authority at planning application stage. I discussed with Deputies Ó Broin and Cian O'Callaghan the very example of Moore Street and how, since the events of the Rising, that street has changed and its character has changed as well but we need to protect the national monument and...

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

Darragh O'Brien: Certainly. These amendments relate to section 83 of the Bill, which sets out the various matters to which planning authorities and the commission shall have regard when performing any function under Part 4 including the determination of planning permission. Amendment No. 604 proposes to delete sections 83(3)(e) and 83(3)(f), which provide that, when making a decision in respect of an...

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

Darragh O'Brien: This was the clear advice of the OPC in consultation with the Attorney General's office. Legal codes need to stay separate. We got very firm advice that there should be no crossover. That is the reason for the amendment to delete the section. It is already well covered under the two Acts that have already gone through, the Environmental Protection Agency Act 1992 and the Waste Management...

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: That is exactly the point. Licensing is a separate matter and falls under the two Acts I have mentioned. That is why it should not be mentioned within this Bill.

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

Darragh O'Brien: I understand that but, as I just said very clearly, the clear advice we got from the OPC in conjunction with the Attorney General's office was that it was not appropriate to include this in the Bill.

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

Darragh O'Brien: We can endeavour to provide a note on that. The legal codes need to stay separate. That was part of the advice we got. A permission is one thing and a licence is another. Is it appropriate to include a condition based on what would be included in a licence grant within a planning permission? We will get the Deputy further detail on that but that is the clear advice we got. I do not have...

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

Darragh O'Brien: Well-----

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

Darragh O'Brien: No, I did not say-----

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

Darragh O'Brien: May I come back in?

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

Darragh O'Brien: Perhaps I can help. There have been very few instances in which I have had to do that. What I am trying to do is to provide further clarity 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: I have the floor now. The reality is that a permission relates to the actual use. That is what planning permission is about. It considers the use for a building and that is clear. Emissions and matters relating, as I have detailed already in my answer, are a wholly separate matter. Permission relates to use and that is clear. If the Deputy wants a note on the issue, I will get him one...

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

Darragh O'Brien: I understand what Deputy Ó Broin has said. There may be instances where the Ministers of State have said they want to provide further clarity based on the questions that members have put forward. To be fair, that is in the interests of being open and trying to work through the legislation and to enable an understanding of where we are coming from in that respect. I have in perhaps one...

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

Darragh O'Brien: I understand what Deputy Ó Broin has said but we have gone through and discussed some 380 amendments by my estimation. I have just been informed that of all of those amendments, there are, I believe, eight notes that I or the Ministers of State have said they will provide. That has happened in eight cases out of 380 amendments. The charge made that questions have not been answered is...

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 that specific note and the others, they will be provided by the end of the week.

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

Darragh O'Brien: That will give ample time to the committee in advance of the time we get to amendments Nos. 604 and 605.

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

Darragh O'Brien: We do our level best to answer all reasonable questions that are asked.

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

Darragh O'Brien: I will check on the 2000 Act now.

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

Darragh O'Brien: We will check if the wording is the 2000 Act. I do not have that information to hand and we are checking now. I said in response to Deputy Ó Broin's intervention that planning permission and permissions granted relate to use. Emissions are separate and are matters for licensing. Take, for example, a wastewater treatment plant, for argument's sake. Considerations in that regard...

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

Darragh O'Brien: They are.