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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: In some senses, I understand the logic of the section, which is that when somebody puts in an application to a planning authority or submits an appeal and it is subject to an application for judicial review, we do not want to slow the process down so a decision on the planning application and-or the appeal can be made. Obviously, the planning application cannot be activated until the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: That is very clear. I said that to the Minister of State and did not need it explained back to me. The issue is very specific. For instance, I got a maritime area consent. I put in my planning application. There is a judicial review of the consent. These will be large, complex and difficult applications. We are allowing the planning authority to proceed to make a decision. I...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: I want to put on the record that I am not opposing this section. However, I want to express some reservations about the risk calculus involved. It may be something I come back to on Report Stage.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: I have a very quick question.

Written Answers — Department of Finance: Tax Code (18 Apr 2024)

Eoin Ó Broin: 149. To ask the Minister for Finance if stamp duty is paid on any Part V, affordable housing fund turnkey purchase or CREL-funded turnkey purchase homes. [17190/24]

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Eoin Ó Broin: I move amendment No. 930: In page 431, between lines 1 and 2, to insert the following: “(c) its cultural importance to the community or to the nation,”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Eoin Ó Broin: I move amendment No. 931: In page 431, between lines 10 and 11, to insert the following: “(c) its cultural importance to the community or to the nation,”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Eoin Ó Broin: I move amendment No. 941: In page 436, between lines 2 and 3, to insert the following: “(5) It shall be the duty of a planning authority to vindicate public rights of way where they exist, and to work to establish rights of way, where possible, to advance the right of people to access any monument, seashore, mountain, lakeshore, riverbank or other place of cultural or natural...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Eoin Ó Broin: I move amendment No. 945: In page 436, between lines 2 and 3, to insert the following: “Landscape conservation areas. 247. (1) A planning authority may, by order, for the purposes of the preservation of the landscape, designate any area or place within the functional area of the authority as a landscape conservation area. (2) (a) Notwithstanding any exemption granted under...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Eoin Ó Broin: I move amendment No. 954: In page 441, between lines 4 and 5, to insert the following: Judicial review of applications, appeals, referrals and other matters 250. (1) Where a question of law arises on any matter with which the Board is concerned, the Board may refer the question to the High Court for decision. (2) A person shall not question the validity of any decision made or...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Eoin Ó Broin: I think we are in for a long afternoon. We are told there is an ongoing review of the judicial review process in another Department, yet profound changes to the judicial review regime are being introduced in this Bill. That seems to me to make no sense whatsoever. Generally, we are told the reason we cannot have legislative reform, for example yesterday on compulsory purchase orders, CPOs,...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Eoin Ó Broin: The question has still not been answered so I will ask it again. No one on this side is misrepresenting the consultation process. We are merely saying what we were told by the people involved in the process during pre-legislative scrutiny. I urge the Minister of State to go back and read the transcripts or even ask his officials to give him a summary during the break. In fact, during PLS,...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Eoin Ó Broin: We can take them one after another.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Eoin Ó Broin: Yes, they are.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Eoin Ó Broin: Amendment No. 954 replaces Part 9 entirely and reinserts provisions from the existing Act in sections 50, 50A and 50B. The amendment makes some minor changes to what is currently in the legislation, particularly in terms of the counting of the eight-week judicial review window. Part of the reason is to ensure it is compliant with the European Court of Justice decision in case No. 470 of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Eoin Ó Broin: While I have been accused of many things in the Chamber and in the committee, it has never been lack of imagination, but there is always a first time. Imagination is not what we are looking for; we are looking for reforms that will work and will improve our planning system. That is the issue at hand here. The Minister of State has said that the status quo is not sustainable. That means...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Eoin Ó Broin: I have two follow-up questions. This is the first time a Minister or Minister of State has publicly stated that there will not be fewer judicial reviews. Indeed, one of the Minister of State’s predecessors, the now Minister for Enterprise, Trade and Employment, Deputy Peter Burke, spoke publicly about a judicial review industry in a high-profile interview that made it onto the front...

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