Results 9,081-9,100 of 15,065 for speaker:Eoin Ó Broin

Written Answers — Department of Housing, Planning, and Local Government: Planning Issues (2 Mar 2023)

Eoin Ó Broin: 219. To ask the Minister for Housing, Planning, and Local Government if he has any plans to extend the planning permission requirement for short-term letting to areas outside rent pressure zones; and if he will make a statement on the matter. [10778/23]

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: I thank the Chair and thank our guests for their detailed submissions. I will use my first slot to discuss matters with the Law Society and my second for Mr. Flynn. This is the seventh meeting we have done on this complex draft Bill. The last four, including the material in our present guests' submissions, have raised substantial concerns regrading the draft Bill. Other members will...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: I will move on because our time is limited, but we will have subsequent rounds. The issue of costs was raised on Tuesday by the Irish Environmental Network and some of its members. Is it Ms Minch's view we would be better to leave the cost protection and recovery regime post the Heather Hill judgment alone for a while in order to let that settle and see where it goes, rather than reopening...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: For the benefit of those of us who would not be as au faitwith the operations of the court as our guests, the consequence of that would be significant delays in a large number of planning applications across a wide range areas, for example. That would be the import of another couple of years of litigation around costs. It would mean that if there were a series of judicial reviews, whether...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: I am keen to come back to the parts of the society's submission that do not relate to judicial review, so I will ask my final question on the latter issue. We have had a number of different discussions, all very interesting, around the proposition to allow for changes of the decision based on errors or fact or law. I ask Ms Minch to explain, in plain English for those of us who are not...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: It could also be a possible cause of delay.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: I thank Ms Minch.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: Departmental officials might benefit from it as well.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: The leapfrog provision was an amendment introduced on Report Stage to that Bill but not pertaining to that Bill. It was one of those late stage amendments-----

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: -----that we do not get to scrutinise when they are introduced late.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: When we particularly asked the representatives of the Department that question at the start, they said it was for reasons of cost liability or claims of cost under the new cost regime, but how and ever. I will indicate at this point that I want to come in on the third round.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: I am delighted Mr. Flynn mentioned enforcement because it is one of the areas where we have not had adequate discussion of the Bill in the seven meetings we have had to date. It seems to me there is very little new in the enforcement section and a lot of it is just transposition of existing elements of the original Act. I have two questions on that. In terms of our enforcement regime, is...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: Is there a sense that this section of the proposed Bill adopts what is almost a shared-service model, where there is a pooling of existing resources?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: Does Mr. Flynn think resources are more important?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: To go back to the issue of costs, and section 250, although it is only a general scheme head, this limits access to the scheme to non-compliance with national and European law. To what extent would this narrow cost-protection and cost-recovery perspective apply in the context of the Heather Hill judgment? I presume in the aftermath of that case there are many others that would be eligible...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: Until we see the scheme.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: If I can ask the question in another way, if we take residential developments that have been upheld under judicial review, it is often the case that they are not in breach of national law but of a city or county development plan.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: Here is a clear case where, in fact, in many of these judicial reviews the point of law at the centre of the contest was a divergence between national law and specific planning policy requirements, SPPRs, versus the development plan. If somebody were, therefore, to take a judicial review to uphold the development plan and then had it upheld, under the very limited wording of the proposed...