Results 21,021-21,040 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: Amendment No. 682 relates to section 106 of the Bill, as the Deputy has said. He proposes to delete subsection (7), which provides that the commission cannot grant permission on appeal for a development that is not substantially the same as the development that was proposed to the planning authority and was subject to appeal. That is on page 230 of the Bill. This is an important provision...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: They determine the appeal first. The appeal could be substantially different from the original application on foot of looking at the decision that was granted. Let us say an initial application goes in. The planning authority makes a decision and gives a refusal on a number of different grounds, and the different grounds are then addressed by way of the appeal-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: -----with additional information from the applicant. That differentiates between a direct application and an appeal. The appeal may be substantially different from the original application because it tries to deal with the reasons for its refusal.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: The actual physical proposal of the planning application.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: Yes. I am told that it does.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: This, I suppose, relates to someone trying to address the reasons for the appeal. This provision, in my view and in our view in the Department, actually strengthens the role 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: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: It could be, or it could be the location of certain developments within a particular site design or that type of thing, depending on what the original decision was. Effectively, we want to guard against it being de facto a wholly different application.

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: It would be duty-bound to assess the new one.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: I will deal with amendment No. 684 first and then deal with the overall position with amendments Nos. 685 and 686. Under the Bill, the commission may grant permission in contravention of the development plan if the development is of strategic or national importance, having regard to the policy of the Government, that is, our national planning statements and Government policy. Amendment...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: I am sorry to interrupt, but on the Deputy's first question, how would who know?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: One would expect at that stage that either an application or an appeal is in.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: Sorry-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: I get what the Deputy means.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: I ask the Deputy to look at section 107(5)(a).

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: It will be guided by regulations.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: That is where the local authority has already done it.

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: It could be the need for a port, as an in extremis example, that is not designated in a development plan. We are seeing such things happening now on the offshore renewable energy, ORE, side, where we may need extensions to the footprint of certain ports as we develop our ORE capacity. An example could relate to that. Let us say a port authority makes an application for a servicing yard for...