Results 11,721-11,740 of 15,092 for speaker:Eoin Ó Broin

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: I have a couple of supplementary questions. I accept the Minister is looking to clarify the language. There is a mechanism by which an alternate wording of an amendment can be given to committee usually where it is a simple typographical correction etc. That is not what the Minister is talking about here. He is talking about something that could be a significant change and clarification...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: That is fine. On the substance of it, housing needs demand assessment is critical in the development plans setting their population targets and their core strategies. My understanding from previous meetings with departmental officials is that there is already headroom of somewhere between 20% and 25%. This is not an argument against what the Minister is proposing, I just want to think it...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: I have two final brief questions. First, is the Minister aware of the prevalence of planning applications being refused solely on the grounds that the HNDA population targets, in terms of granted planning permissions, have been met or exceeded? Is this something that-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: Has it happened?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: I have a final question. Has any industry body lobbied the Minister or any other member of the Government for this change to the legislation? Has this come about as a result of any direct lobbying for this amendment to the Act?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: Under no circumstances.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: As we all have, and there is nothing wrong with that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: We have all taken an open approach, including in this committee, and I have no issue with that. However, my question was specific. Has this specific change been requested by any specific industry lobby?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: Sure. I understand the Minister.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Or in a newspaper.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Given that this was a significant element of the PLS process and that was eight months ago, was there any discussion with the Attorney General or any consideration of how to fix this in accordance with the issues that were raised during PLS and subsequently? That was eight months ago. What I am saying is that this is not a new issue.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Were there any-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Other amendments in the group that relate to section 11 have not been dealt with yet. We have only dealt with the section 10 amendments. It is a bit confusing because it is called "Section 10 supplemental provision", but it is section 11.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Yes, the second half of the grouping includes amendments Nos. 99 to 103. They are all in the same grouping.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Sure, and I accept and respect we are.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: No. It is important to understand, notwithstanding the fact that some of this may change, the position in terms of what is there right now. If, on enactment of this legislation, I, as a developer or a landowner, submit a section 10 declaration request and get it and if that becomes subject to a legal challenge, I can submit it as evidence. It would not be conclusive evidence, but I can submit.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: However, a third party who might have a copy of that would not be allowed to submit it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: I am genuinely interested in understanding why that would be the case. It is the same material, and potentially the same information, so surely both sides should have the right to submit it in evidence, particularly if it is not conclusive evidence, because, obviously, a court should be able to consider things in the round?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Let me pose two scenarios, because I am only getting to grips with this section as we discuss it. Let us look at the first scenario in the context of what is here. I am a landowner or developer. I submit a section 10 declaration request and I get back a positive response that it is exempted development. I then proceed with the development but it is legally challenged. I then have the...