Results 1,981-2,000 of 6,904 for speaker:Cian O'Callaghan

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: I move amendment No. 103: In page 51, line 28, to delete “not”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: I thank the Department for the briefing note on this and other matters. In the context of section 11, if a developer gets a section 10 declaration for exempted development, under no circumstances at all, except what is provided here - namely, where they knowingly provided false information or withheld information and regardless of what new information could come to light at any stage and...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: What about a situation where new and particularly significant information comes to light that is neither false information provided by the first party nor information that had specifically been withheld?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: Why is that not provided for in the Bill? I appreciate that this may not happen often.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: If significant information that was not withheld by the first party or that was provided falsely by that party comes to light, why does the Bill prohibit its use in court by the enforcement authority? What is the rationale for doing that? I am not familiar with other provisions in other Bills like this which create this situation where, no matter what new information comes to light, an...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: I appreciate that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: This seems to assume that the only source of information could be the first party. Surely there are other potential sources of information. Often, the main source of information may indeed be the first party. I totally accept that. Surely in some circumstances there could be relevant information. Even if there are no third party rights, it could still be relevant information to the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: Does the Minister of State accept that the local authority may have other sources of information apart from the first party if it wants to pursue enforcement proceedings? This seems to tie the hands of the enforcement authority. Why is the Government doing that?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: The enforcement authority, yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: The local authority is the enforcement authority and is also the planning authority.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: A section 10 declaration is presumably the local authority carrying out its functions as a planning authority whereas this section seems to be prohibiting what it can do as an enforcement authority. What is the rationale for narrowing down what it can do as an enforcement authority based on what it has done as a planning authority in a section 10 declaration? It has a slightly different set...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: I appreciate that, if it was broader. There could be relevant information that comes to light about what has been in the section 10 declaration that has been made which the enforcement authority did not know about at the time. This ties its hands. Why is the Government seeking to do that? If the Minister of State does not have an answer and there is not a clear rationale for that, I will...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: The Bill states the relevant declaration shall be conclusive evidence. Therefore, new information could come to light but the authority cannot use it because the section 10 declaration is conclusive evidence.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: It seems to be closed unless it was because information was withheld or the first party provided false information. I am simply making the case that this does not involve all information. The Minister of State said information would come from the first party but there are scenarios where not all information would come from the first party, even if third parties are excluded from the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: I appreciate that. Did the legal advice from the Attorney General include a view on the scenario I raised?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: I am not satisfied with that response about section 11. It is positive that this will be looked at but we have no information about what the outcome will be.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: I wish to raise a quick point. I will not prolong matters. We raised a lot of these issues a year ago in our pre-legislative scrutiny, and a year later they are still not addressed and we are being told they are going to be looked at and sorted out in the next few months. I do not have a lot of confidence they are going to be looked at given that 12 months ago we flagged all of this in...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: We do not know what they look like.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: I support these amendments. These phone boxes are being turned into what are primarily advertising structures, though maybe with some phone function there. It is hard to know in this day and age how that phone function is being used by anyone. One certainly never sees them in use given the proliferation of mobile phones and other forms of communication. It seems to be a form of bogus...