Results 21,181-21,200 of 26,350 for speaker:Darragh O'Brien

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I agree with the Deputy. That is why we have included it in the Bill. That is why it is there as a separate section regarding phasing. It delineates the matter. Phasing was not covered in the 2000 Act.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: This is a new provision to recognise the fact that phasing and delivery in compliance with that phasing are important. It was not in the 2000 Act.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Absolutely.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: As the Deputy rightly said, this relates to non-material alterations. We could endeavour to set out what non-material looks like. It could be a change to the colour of a building, for argument's sake, or whatever, but it is not material to the application itself. We can work on the definition or examples of what that would look like and then do that by way of guidance. I am not of a mind...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: On a non-material change?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: It is correct because it is non-material. It is changing the colour of a building, for example. That might be a bad example, but it would be something like that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: The extension here is to the period of time for the decision itself, as opposed to the situation in the example. I know what the Deputy means. We are talking about something different, namely, extending the permission itself.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Section 133(2) states, "the following matters shall not, for the purposes of that paragraph, be determined to constitute an alteration of the terms or extension of the duration of a permission that is otherwise material", and we have outlined them there, from (a) to (d).

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Taking the Deputy's example of an extension to a planning permission for a ghost estate or half-finished estate, the planning authority has no ability to say that this is incomplete and use that as a reason not to grant the extension. Section 135(5) provides, "Before making a determination under subsection (4), the deciding authority may invite submissions on the alteration or extension to...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: It is a new provision.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Would it be possible for a condition and a permission to be-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: It would be, yes. Thankfully, we have fewer ghosts estates but one of the issues we consider here is the taking in charge process where a developer has not done it all; it is not an incomplete estate but perhaps the open space is not done to standard and things like that. We all come across that. It is a real issue and I am sure everyone can give five or six examples of estates that have...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Section 137 provides for material alteration of a permission. If we take that and the phasing piece, I do not see any reason one would not be able to do that. Section 137(1) states: (a) make the alteration, or grant the extension, subject to such conditions (if any) as may be imposed under section 84, (b) make the alteration or grant the extension, subject to such modifications to the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: A duration extension would automatically be a material change.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Yes.