Results 8,841-8,860 of 15,065 for speaker:Eoin Ó Broin

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: A change is proposed to clarify the ambiguity.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: I have two final questions on the JR stuff and then wish to move to other areas. My understanding was that in August of last year the barrister group and senior counsel group advising the Attorney General made a submission to the Department on the JR elements of the legislation. Obviously, the witnesses will not share the detail of that with us, so that would be great if it was published....

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: Is it the Department’s intention to publish that documentation if that was something the committee wanted to see for its pre-legislative scrutiny deliberations?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: It is actually legal advice to the Attorney General so it is privileged. On compliance with the Aarhus Convention and various EU directives, particularly environmental ones, we spent much time when we did substitute consent and all of those things kind of bemoaning the fact that at various stages either our transposition of or compliance with international or EU, particularly...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: I apologise for cutting across Ms Jones. The question is probably more specific. In the same way as the Attorney General’s barrister group gave legal advice on the JR stuff, was legal advice or legal opinion on the Bill’s compliance either with the Aarhus Convention or key EU environmental directives sought or secured during the review process?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: "They" being the group of barristers who were providing the legal advice.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: There was no specific legal advice in respect of compliance.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: It is such a big Bill that it would be a shame if we did not at least touch on some of the other key aspects of it. I will rattle through a few questions if the officials could give us whatever information they have. I will ask a final questions about the transition from the section 28 special planning policy requirements in the ministerial guidelines to the policy statements. What is the...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: Will the officials give the committee a little more information on the transitional mechanisms and what shape that might take?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: Am I correct that nothing in the Bill significantly changes the current enforcement regimes in operation under the existing Act?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: I appreciate the clarification. The threshold that a local authority has to meet for a successful enforcement in the courts often incentivises local authorities to take pragmatic approaches and try to get the issue resolved to the best of their ability short of going to court. Was any consideration given to reviewing or reconsidering that? I will not name it but a high-profile development...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: Was there not an argument to try to have a portion of the process that would be civil and a portion that would be criminal?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: I also asked about Part 6, Traveller accommodation and the planning-specific elements of the review.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: It is those two, section 183 and Part 8.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: There was no consideration of the recommendations, for example, on potential changes to the Part 8 planning process.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: That does not need primary legislation and could be done through regulations.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: What is the position with Part 6 of this Bill?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: Apologies. The question is, a little bit like the enforcement section of the Bill, is it just literally a transposition of the existing legal codes, such as the environmental assessment section, or are there changes or improvements in there?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: Death to acronyms.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: We are having a lot of discussion about judicial review, and it is important, but it is important also to remember that less than 3% of planning applications get judicially reviewed. I am not picking Mr. Hogan up on something, but he did mention earlier that judicial reviews should not become a normal part of the planning process. It is important that this committee emphasises that they are...