Results 20,881-20,900 of 26,350 for speaker:Darragh O'Brien

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: If it is required, we could come back to it and include in brackets after the term "housing market", the phrase "all tenures or-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: We have got to try to define it as best as possible too so it is not open to other interpretations of what should be there. I am quite content with the existing definition in section 55, but, as I said, if members come back and indicate how we might be able to further clarify it, I am certainly to certainly having a look at it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: I assure the Deputy that it does right now, but I get the point.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: I move amendment No. 499: In page 136, to delete lines 20 to 23 and substitute the following: "(19) A failure to comply with subsection (3), (10), (11), (12), (13), (14), (15), (16) or (18) within the time period specified therein shall not of itself invalidate a variation of a development plan.".

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: Section 56 deals with a standard variation of a development plan, whereas section 57 relates to a variation of settlement-specific objectives in urban area or priority area plans. Section 56 covers a variation in a development plan that relates to any matter within it. Section 57 deals with settlement-specific matters.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: I refer members to page 27 of the explanatory memorandum to the Bill. Regarding section 58, it states: This section restates section 14 of the Act of 2000 with modifications [which I understand are technical in nature]. This section addresses the procedure in respect of the inclusion of a provision in the development plan relating to the preservation of a specific public right of way....

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: I genuinely do not see a weakening. If we look at section 58(10), it states: Any provision relating to the preservation of a public right of way contained in a development plan continued in force under section 66 may be included in a subsequent development plan made under this Act without the necessity to comply with this section. Section 58(11) states: "Nothing in this section shall...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: Section 14(1) on page 98.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: It is pretty much word for word there, although it might be laid out differently. I do not see any difference.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: It is section 14(1) on page 98.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: That very thing is there as well.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: To be helpful, I refer to section 58(1), which relates to the preparation of the draft development plan or the notice of proposed variations to development plans, which, it states, “shall include particulars of the provision and a map indicating the right of way”. That is very clear.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: I think this is covered in another section.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: Under section 49, which deals with the obligation to prepare objectives for management of areas, uses and structures, paragraph (g) refers to "preserving a specific public right of way, including a public right of way which gives access to any seashore, mountain, lakeshore, riverbank or other place of natural beauty or recreational utility." I genuinely do not see this as any sort of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: I get the Deputy’s point but he is looking at section 49 in isolation, without section 58, which clearly states “shall”. I do not see any difficulty. They should be provided, and they are. If there were to be a perceived difference regarding what a local authority must do, that is made very clear under section 58. There may be an issue with the use of the word...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: I just went back to section 49-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: The Chair is right. In our discussion of section 49, we said we would look at that. Section 58 uses the word “shall”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: That is exactly the same as the wording used in the 2000 Act. It is the exact same wording as in section 14 of the existing Act, on page 98. To respond to the Chair’s point about section 49(2)(g), we did say we would look at the wording, and we will do so.