Results 21,001-21,020 of 26,350 for speaker:Darragh O'Brien
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)
Darragh O'Brien: I would say it will be rarely used but it could be an application a local authority or planning authority wants in its given area. The zoning currently in place, for argument's sake, would not permit, potentially, that development itself but the executive of the local authority could deem it to be of such importance - this is just an example - that it believes it should be granted. You...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)
Darragh O'Brien: I get the point. If the Deputy looks at paragraph (c) he will see what the process is. That states "The chief executive shall, within such period as may be prescribed, prepare, and submit to the members of the planning authority"-----
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)
Darragh O'Brien: It is on page 216. It is section 96(4)(c). That details the process. I am just giving the example this could be for a structure or further piece of infrastructure that may not be permitted in principle under an existing development plan or part of a development. Then the local authority believes it of such import that it and the chief executive bring forward a report: ... stating the...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)
Darragh O'Brien: Yes, that is covered in subsection (6) on page 217. The support of three quarters of the members is required.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)
Darragh O'Brien: Yes, exactly and that is why it is not a rezoning.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)
Darragh O'Brien: It is not changing the future use of the land that might be adjacent to it or other lands within an area.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)
Darragh O'Brien: First, the public participation process is not optional. Under subsection (3) the planning authority "shall give notice", meaning it is not optional.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)
Darragh O'Brien: I am going to explain that now.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)
Darragh O'Brien: That will be prescribed in regulation. It will be set down in regulation but the authority must do it, unquestionably. It is not for the authority to decide if this is something it will do. It will be set out in the regulations.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)
Darragh O'Brien: Yes.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)
Darragh O'Brien: Yes, absolutely and we reference submissions in subsections (3) and (4) as well. The chief executive "shall have regard to" submissions when preparing his or her report. That public consultation process is there, as well as consultation with other prescribed persons. That will be covered in the regulations. Let us say it was a development within a community. That would be published and...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)
Darragh O'Brien: To answer the question directly, this is a material contravention. That is what this is. A resolution goes forward and it is the decision on the development.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)
Darragh O'Brien: Yes.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)
Darragh O'Brien: Yes, it is because it was not zoned for it, but the authority is not changing the zoning. Subsections (7)(a), (b) and (c) outline what the planning authority shall do once the material contravention decision has been passed. It is a decision.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)
Darragh O'Brien: Yes.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)
Darragh O'Brien: Material contravention exists right now. This is not new. We had a good discussion yesterday about the role of local authorities and the input of local authority members. In other jurisdictions, the elected members make all of the planning decisions at planning meetings but that is not what this is. This sets a very high bar because it requires the approval of three quarters of the...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)
Darragh O'Brien: We had a good discussion on that yesterday, including why that is important in the context of consistency. This must meet very stringent criteria right the way through the process. Obviously the rationale for it must be brought forward by the executive and it must be agreed by three quarters of the members after a public consultation process has taken place. As I said earlier, one would...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)
Darragh O'Brien: Material contravention exists now and this is just an updated process.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)
Darragh O'Brien: These are minor amendments of a purely technical and drafting nature and amend the layout of the sections by changing the text from being presented as two separate paragraphs (b) and (c) to being presented as two subparagraphs under a single paragraph (b). They relate to sections 97 and 108 relating to the notification of a decision on a planning application or appeal and the requirement...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)
Darragh O'Brien: This is one we had started to address-----