Results 21,401-21,420 of 26,350 for speaker:Darragh O'Brien

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: Sorry, I thought I answered that. That will sit with the planning authority. It is right and proper that the planning authority and the planning department in a local authority will be the ones who will make that decision. The Deputy is right that it is not specified, but it is for those authorities to determine the duration of the permission under section 164(3). Section 164(4) states: ...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: I do not think it would not be appropriate to have critieria, to be honest.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: That is what a plan is for.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: The Deputy is suggesting we include a provision in the Bill for a developer who has 1,000 houses to be given ten years, for example, or similar for a shopping centre of more than X thousand square metres. Is that what he wants to put into the Bill? I do not think it is. With the passing of the Bill, planning departments will very clearly see where they can go further than the five years....

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: That could be read together with section 164(2)(b). You could also look at every different scenario. If someone is coming in for a large project, be that residential, infrastructure or whatever it might be, they will know the timeframe within which it should be built. The completion of the work has to happen within the permission period. If someone thinks it is going to be ten years or...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: It could.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: No, I am not. It allows for both.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: What is wrong with that?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: No, I did not.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: Deputy O'Callaghan should go back and check the record. I did not say that. He should go back and check it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: I am telling Deputy O'Callaghan what the fact is. I do not want to have an argument about it but I did not say that. We have to allow that flexibility, for example, if an applicant makes an application and says it will take ten years or if a local authority says it will take five years but the planning authority thinks it will take longer. There is no other motive in any of this. It is...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: It would be very unusual, frankly, but potentially it could be for environmental reasons. It could be because something was carried out on the site that should not have been carried out but that would lead to an enforcement notice. I am trying to think myself of what the reason could be for refusal if a development was substantially complete and the works had been carried out on foot of the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: We are talking hypothetically here, as we do not have a specific case to talk about. I discussed section 166 earlier with Deputy Ó Snodaigh. If a person is refused for that part then no further work can take place and another application would have to be made.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: Yes. We discussed section 166 on page 303. It is very clear in section 166(1) and section 166(2)(a) and (b). It is at the bottom of page 303. I referred to it when Deputy Ó Snodaigh asked me a question a few moments ago. A developer would have to cease works if they were not compliant. I do not know what happens after that. The developer would obviously have to engage with the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: But the permission has been refused. If a developer has completed the first four phases within the time period, and they are fine, that is covered under section 166. If the developer has not commenced or completed another piece then an application must be sought for that. If the planning authority refuses it, the developer cannot do anything with it. The developer cannot work if there is...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: That is on the completion side of it. There would be examination. Again, if phases 1 to 4 have been completed, it would have to be signed off that they have been completed to the granted specification.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: We are not doing an investigation into it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: Does Deputy O'Callaghan want to ask me about a specific case? Does he want to just put it on the table and talk about it?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: Does Deputy O'Callaghan mean work that has already been done?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: First, in regard to that element of it, the work that is built out has to be done according to the planning permission that has been granted, and it has to be looked at. That piece has to be compliant. If other works have not been started or completed, it is a new application and the new application will be assessed by the planning authority taking into account all relevant facts. The...