Results 4,281-4,300 of 4,726 for speaker:Malcolm Noonan

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

Malcolm Noonan: It is reflective of the current Act. This section provides that the procedures in this Chapter are the exclusive means by which the validity of decisions made, acts done or failures to perform functions under the Act may be challenged.

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

Malcolm Noonan: It means you can only deal with it through judicial review.

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

Malcolm Noonan: Exactly.

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

Malcolm Noonan: We will check that and revert to the Deputy.

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

Malcolm Noonan: I will be moving amendments Nos. 960 to 963, inclusive, 967 and 969 to 971, inclusive,. One of the most important areas of reform in this Bill is Part 9, which updates the processes and parameters of planning judicial review and introduces a scale of legal fees relating to the judicial review and an environmental legal costs financial assistance mechanism to ensure that the costs associated...

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

Malcolm Noonan: Section 265(3) states: A court may order such costs as it considers reasonable to be paid by a party in proceedings to which this Chapter applies to another party in such proceedings where the court considers it appropriate to do so— (a) because the court considers that a claim or counterclaim ... This amendment then is going in.

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

Malcolm Noonan: It is going in there, yes.

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

Malcolm Noonan: Yes. It will make the decision while hearing it.

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

Malcolm Noonan: Yes. And they will not get access. That is the point.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Malcolm Noonan: I will not rehash the issue. I will address it briefly but amendment No. 895 was already discussed just before the break and we have moved on. Deputy Ó Broin referred to the planning system being blind to housing need. That is what the housing need demand assessment, HNDA, is about. It has been tested in many counties. The methodologies are also being adopted in other counties. It...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Malcolm Noonan: Amendment No. 897 from Deputy O’Callaghan seeks to delete lines 7 and 8 in page 404 and replace them with "the existing need and the likely future need, including houses, apartments and duplexes, for housing for purchase by intending owner-occupiers". However, I can confirm that the text as drafted includes all housing types, including apartments, so although not explicitly expressed,...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Malcolm Noonan: I again go back to that definition.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Malcolm Noonan: In the definition, "house" means a building or part of a building that, in subsection (c), "in the case of a building or part of a building containing more than one apartment, flat or other dwelling, each such apartment, flat or dwelling".

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Malcolm Noonan: Yes. It is inserted into the 2000 Act.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Malcolm Noonan: The definition is clear.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Malcolm Noonan: That is a different matter. That is really to do with tenure. It is not, with regard to what the Deputy is seeking to achieve here-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Malcolm Noonan: We would say that it is explicit with regard to the definition of a house. It is very clear in its definition.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Malcolm Noonan: It is because the word "houses" refers to, as I said, a building or part of a building containing more than one apartment. It is not that it is hidden in there. It is something that is defined in the legislation. As it is defined in the legislation, we do not need to repeat it in the Bill. It is a standard approach of drafting and preparing the legislation. It is on advice from the OPC...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Malcolm Noonan: The OPC advised against repetition of it because it is already explicitly defined.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Malcolm Noonan: It is already explicitly defined as a house.