Results 12,821-12,840 of 15,092 for speaker:Eoin Ó Broin

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: The OPR makes a recommendation to the Minister for the issuance of a draft direction.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Let me get this process right. The OPR makes a recommendation to the Minister that a draft direction under section 76 is issued. The Minister permits the issuance of a draft direction. That direction is then considered by the Minister before a decision is taken by him or her whether to give effect to that and make it a direction.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: I move amendment No. 569: In page 179, between lines 10 and 11, to insert the following: “(vii) the board members of Údarás na Gaeltachta, Foras na Gaeilge, the Minister responsible for the Gaeltacht, Oifig an Choimisinéara Teanga, and any relevant Language Planning Officer.”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Section 76(4)(a) states: "A planning authority or the Commission shall not determine any application for permission which would be materially affected by a provision suspended in accordance with subsection (3)". We will be in the period of statutory timeframes for planning decisions. Where there is a planning application and a portion of a plan is suspended, that could lead to a delay in...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: If the planning application has been submitted, the impact of this is that they cannot make a decision.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: My apologies but where is that stated? It could be right in front of me.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Is is really the case that they are not allowed to make a decision?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: The application is still being lodged. Where, legally, is it stated that the time period will be paused?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Is it that the planning authority or commission cannot consider the application and because of this the timeline only begins from the point of view of consideration? Is that what the Minister of State means?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: That is not at all clear from the wording, although I understand how the Minister of State is presenting it. Is there any concern that the inability of the planning authority to consider making a decision could leave it open to legal action because the legislation does not explicitly state that the application is paused or because it is through no fault?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Essentially, what the Minister of State is saying is that because the planning authority and commission are not allowed to determine the application, the clock will not apply. There is no clock.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Section 82(3)(a) states: A person shall not be entitled to question or challenge the eligibility under this section of a person to make an application for permission for land-based development under Chapter 3 or 4 in a submission under this Act or in any proceedings before a court, unless that person is an interested person. It goes on to list what an interested person is. Is that an...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: What does it do?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Is that challenge legally, as in, in the courts?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Section 82 is about eligibility to make an application. It sets out who is entitled to make an application for permission. What is the intention? Why is the Government then attempting to restrict who could challenge their eligibility solely to a planning authority, the commission, the owner of the land or a person who has legal or beneficial interest in the land? I am not disputing it,...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: I understand that is what the section states. My question is why the Government is seeking to restrict the right to legally challenge eligibility to only those four categories. There must be a logic to it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: That is the effect of this. However, the Minister of State is not explaining why the Government is doing this. This is a new provision. Clearly there is a reason a new provision has been inserted. Why does Government want to place this legal restriction here? There must be a reason for it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Sorry, I do not understand. Has there been a case-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Yes, or "(b) is a person (other than a mortgagee". It still does not answer the question.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Eoin Ó Broin: Again, I am completely unclear on this. Subsection (3) seeks to restrict the rights of people to challenge in court the eligibility of an application solely to four categories. I do not understand why-----