Results 13,301-13,320 of 26,245 for speaker:Darragh O'Brien

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2021: Second Stage (17 Nov 2021)

Darragh O'Brien: I thank all the Senators — Senators Buttimer, Black, Warfield, Murphy, Moynihan, Garvey and Cummins — for their contributions. It is very much appreciated that they took the time to put their views across.In case I forget, I inform the House now that I intend to introduce some technical amendments to section 5 on Committee Stage in the interests of clarity. I greatly appreciate...

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Report and Final Stages (23 Nov 2021)

Darragh O'Brien: I thank Senator Ruane. This is one that we discussed at length on Committee Stage. My position has not changed. It is considered that these amendments would be overly prescriptive. We are changing it now to improve it from 15% to 30% but the intent is to allow the discretion with the local authority. I do not have to advise Senators that we had an extensive debate on Committee Stage when...

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Report and Final Stages (23 Nov 2021)

Darragh O'Brien: We do not want to be overly prescriptive with regard to what the planners do. We need to ensure when we are bringing back planning to local government that we allow them to operate and make the decisions. The amendment relates to the definitions section of the Bill. I do not believe inserting an obligation on planning authorities in the definitions section is appropriate and the amendment...

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Report and Final Stages (23 Nov 2021)

Darragh O'Brien: Again, this amendment has been re-tabled. In fairness, Senator Higgins outlined her position on this and I explained why I did not believe it would be appropriate. My primary concern regarding student complexes is that they should not be used as permanent residential accommodation or as a hotel or hostel. I issued this circular a number of weeks ago. They are dedicated student...

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Report and Final Stages (23 Nov 2021)

Darragh O'Brien: I thank Senator Ruane for these amendments. Again, we went through these in great detail on Committee Stage. I propose to address amendments Nos. 4 and 20 first. These are matters far more appropriate for building control and are dealt with in our building control and standards legislation rather than planning legislation. The area of the rights of persons with disabilities is one that we...

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Report and Final Stages (23 Nov 2021)

Darragh O'Brien: I thank the Senators for their contributions. We have discussed these amendments and they have a great deal of merit. The two amendments are similar. I said on Committee Stage that we would work together to see how we can move the situation forward. There is merit in such proposals although I did flag there may be issues around structure and wording.I note that the Senators have come back...

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Report and Final Stages (23 Nov 2021)

Darragh O'Brien: I thank the Senators. We accepted the previous amendment, but we cannot accept every amendment. I will give the reasons we cannot accept those under discussion. We have discussed this. Let me return to the original point. This is about restoring planning functions to local authorities, which is what the Government wants; however, it is also about restoring the primacy of the development...

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Report and Final Stages (23 Nov 2021)

Darragh O'Brien: I refer the Senators to section 34 of the principal Act which, as amended on Committee Stage, means that every councillor will know when every application is lodged under this process. It states: Where a planning authority receives an application for permission to which section 32A(1) applies it shall— (a) notify the elected members of the planning authority of the making of the...

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Report and Final Stages (23 Nov 2021)

Darragh O'Brien: The purpose of the legislation is to get communities involved. Senator Boyhan quoted from the review committee's report, which relates to SHDs, but the SHDs will cease to exist on 17 December. New applications will be through the LRD, with the exception of the transitionary arrangements that are in place.I understand where the Senator is coming from with the two amendments. We discussed...

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Report and Final Stages (23 Nov 2021)

Darragh O'Brien: I thank the Senator. We covered these matters in great detail on Committee Stage. I have nothing further to add. I will not be accepting amendments Nos. 13 or 14.

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Report and Final Stages (23 Nov 2021)

Darragh O'Brien: I will not if it is being withdrawn. The Senator is correct; we did debate the matter.

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Report and Final Stages (23 Nov 2021)

Darragh O'Brien: I appreciate that we debated this at some length. I want the involvement of elected councillors. I reiterate that what the Government is doing, in fairness with the support of the Opposition heretofore, is restoring planning to the local authorities. The primacy of the development plan is very important. I have read into the record the two sections whereby councillors will be directly...

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Report and Final Stages (23 Nov 2021)

Darragh O'Brien: I take this amendment in the spirit in which it has been tabled. We discussed this issue in great detail on Committee Stage. In terms of using it or losing it, I want permissions that have been granted to be activated. We need to do that. It is something that can be done through the introduction of the zoned land tax, land value sharing and other measures that we are bringing forward....

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Report and Final Stages (23 Nov 2021)

Darragh O'Brien: We are not supporting the amendment. We discussed this matter at length previously.

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Report and Final Stages (23 Nov 2021)

Darragh O'Brien: We have discussed this point at some length. I am opposing this amendment because it effectively adds an additional level of consultation to the LRD process and what we are doing, effectively, in this legislation is to allow for proper consultation. Bringing planning back to local authorities means that residents or any interested groups will be able to make their observations at the first...

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Report and Final Stages (23 Nov 2021)

Darragh O'Brien: We have discussed this aspect already. I welcome the Senators' engagement with this legislation and thank them for it. I genuinely welcome that Members of all parties and none are supporting this legislation which will bring a significant change to the planning process. It is required. I also welcome Senator Warfield and his party coming around to accepting the need for a transitional...

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Report and Final Stages (23 Nov 2021)

Darragh O'Brien: We discussed this on Committee Stage. I thank the Senators for retabling the amendment. I want the permissions to bring about homes for people. That is what we earnestly want. It means a big change in the process. I say genuinely respectfully that this amendment, as written, would be absolutely unworkable. I envisage the Oireachtas committee having a role in seeking information on what...

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Report and Final Stages (23 Nov 2021)

Darragh O'Brien: I have no difficulty at all looking at what we can do here by way of reporting. The Joint Committee on Housing, Local Government and Heritage, on which I served during the term of the previous Oireachtas, will regularly seek details overall. We would have seen details on SHD. Regarding even the division of the four different items, the Senator is being very prescriptive as to what is...

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Report and Final Stages (23 Nov 2021)

Darragh O'Brien: I thank all Senators for their input and thank my officials. It has been a very informative, useful and progressive debate as the Bill moved through Second Stage and on to Committee and Report Stages. The House will have seen that where we have been able to accept amendments, we have done so and worked with Senators. We will look at a couple of items between now and the debate in the...

Written Answers — Department of Housing, Planning, and Local Government: Court Judgments (23 Nov 2021)

Darragh O'Brien: In general, building defects are matters for resolution between the contracting parties involved: the homeowner, the builder, the developer and/or their respective insurers, structural guarantee or warranty scheme. Under the Building Control Acts 1990 to 2020 primary responsibility for compliance of works with the requirements of the Building Regulations, rests with the owners, designers...