Results 21,781-21,800 of 26,350 for speaker:Darragh O'Brien

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Darragh O'Brien: No, the Deputy is okay.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Darragh O'Brien: It is actually done now. That is collated by NOAC. NOAC is the body that collates it. Each planning authority, in its annual report, will detail it and then NOAC takes the national view of that. It is the one that collates it. It does not go to the OPR, does it? No.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Darragh O'Brien: Sorry, I should have said this. There are existing powers in Part 18, Chapter 3 of the Bill for the OPR to conduct of its own accord or at the Minister's request a review of the performance of a planning authority's functions, including enforcement functions. I see the merit in what the Deputy has said. One would have to pull a NOAC report, and that is at a national level. The Deputy is...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Darragh O'Brien: The OPR does it and NOAC publishes its report, which is available to everyone. I could request that of the OPR, or the OPR could do it on its own initiative. It is basically around the performance of the planning authorities and their functions, which includes the enforcement function.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Darragh O'Brien: Not to date.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Darragh O'Brien: To be honest, I do not know. It has not been done heretofore, so I see merit in it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Darragh O'Brien: I am conscious we are coming up to 4.15 p.m. Which ones have I got? I have amendments Nos. 1011, 1012, 1014 and 1015. Amendments Nos. 1011 and 1012 refine the section 313 definitions at the start of Part 2, enforcement, with regard to the Maritime Area Regulatory Authority, MARA. In the vast majority of circumstances, maritime enforcement is dealt with by MARA while land-based...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Darragh O'Brien: I understand what the Deputy is saying but – there is a "but" – seven years is currently prescribed and that is consistent with the Statute of Limitations. Last week, we dealt with another section related to quarrying and peat extraction, where we can go past that date, which I think we all agreed would be a good thing. The proposal to extend it to 15 years would remove the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Darragh O'Brien: I have something to do at 4.15 p.m but I will be straight back at 4.30 p.m.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Darragh O'Brien: It is coterminous with the Statute of Limitations. If Deputy O’Callaghan were to take an enforcement action on day 364 of year 6, he would not need to have it disposed of within the seven years. It just has to have been initiated. People are clear on that. Under this paragraph, any development still remains unauthorised. Even if it had gone past the seven-year mark and someone...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Darragh O'Brien: In an instance where something starts in year 5 or 6, someone would only be initiating the process, so would not be timed out at the seven-year mark.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Darragh O'Brien: I know that Deputy Ó Broin wishes to comment, so I will reply afterwards.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Darragh O'Brien: That is right.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Darragh O'Brien: I have certainly encountered this issue in terms of apartment defects. The suggestion that the Statute of Limitation should start from the date of independent verification or discovery is being examined in that context. I know what the Deputies’ point is. I will reflect on it, if that is okay. In this instance, the development is unauthorised. If someone did not have planning...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Darragh O'Brien: What does the Deputy mean?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Darragh O'Brien: No.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Darragh O'Brien: There is an issue around the Statute of Limitations. It is better if we just deal with it in the context of the planning matter by means of enforcement. I will look at this and will come back on Report Stage to see if we can find a compromise that could potentially work better.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Darragh O'Brien: I move amendment No. 1011: In page 498, to delete lines 20 to 24 and substitute the following: “(a) in relation to a coastal planning authority, its functional area,”.