Results 21,301-21,320 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: Sorry, going back to that. On page 253, subsection (5)(c)(ii)(II) refers to “the period within which it will make that decision”.

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

Darragh O'Brien: It has to, yes.

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

Darragh O'Brien: They will have to notify the Minister. That is what I was referring to with regard to the provision on the next page, which states: A failure by the Commission, in making a decision under section 121 in relation to an application, to comply with a time period specified ... shall not invalidate the decision. ... Where the Minister considers it necessary or expedient that decisions under...

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

Darragh O'Brien: Yes, and that is covered in subsection (8).

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

Darragh O'Brien: Yes, it is new. Is it the only area where it is inserted? It is for each of the decisions.

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

Darragh O'Brien: Going back to the discussion just before we had the sos, let us say a number of decisions were missed. We would be bringing in the OPR at that stage to look at the process and make recommendations on it.

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

Darragh O'Brien: Yes, it would, in line with subsection (8). One can see it is quite-----

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: I move amendment No. 717: In page 256, line 34, to delete “referred to in this section as “the CRU” ” and substitute “in this section referred to as the “CRU” ”.

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

Darragh O'Brien: Yes, I did.

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

Darragh O'Brien: The explanatory memorandum might be helpful. On page 44, it states: This section sets out the additional procedures for the making of applications for retrospective consent under Chapter 4. Retrospective consent, as defined in section 79, is permission for retention granted in respect of development or part of development already carried out or being carried out in respect of which an EIA...

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

Darragh O'Brien: It is substitute consent.

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: The first stage is to deal with the substitute consent piece. What follows thereafter is the retrospective consent or the development itself, the new development.

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

Darragh O'Brien: Under section 128(4), where an applicant for retrospective consent also-----

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

Darragh O'Brien: Section 128(4) states that where an applicant for retrospective consent also applies for permission for development, the commission "shall not grant permission for that development unless it also grants the retrospective consent".

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

Darragh O'Brien: Yes. The substitute consent piece would have to be dealt with first, effectively, because the other would fall if that falls.

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

Darragh O'Brien: Section 128(2) states: Before deciding whether to grant retrospective consent under section 121, the Commission shall, in addition to consideration of the matters to which it is required to have regard pursuant to this Act, also consider the significant effects on the environment, or on a European site, that have occurred, are occurring or could reasonably be expected to occur by reason of...

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: Exactly.