Results 2,081-2,100 of 6,937 for speaker:Cian O'Callaghan

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

Cian O'Callaghan: Although amendment No. 101 is in the grouping and we had a good discussion on the issues related to that grouping, I did not address the specifics in the amendment. It seeks to insert that a relevant declaration, which is a declaration under what we know as a section 5 process, shall be admissible in evidence in any proceedings brought by a person, other than an enforcement authority,...

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

Cian O'Callaghan: Can I be left out of all these examples, please?

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

Cian O'Callaghan: I welcome a lot of what the Minister has said because it is in line with what I am going to say. The case I am making is that development, and what is exempted development, affects not just the landowner but can also affect neighbours and people in the community. Rather than fixing any problems with section 5, the Government's proposed wording, as it stands in the Bill, simply seeks to...

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

Cian O'Callaghan: I have one comment, which is that there was a good deal of criticism of the consultation process through the planning forum. The criticism from the IPI, given that it is the key petitioner in the area and represents the public and the private sectors, needs to be listened to. Apart from the IPI, as a formal organisation, I have also heard from planners with a similar view and this sense...

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

Cian O'Callaghan: It took me a few times to read this. I was trying to figure out the difference between 11(1) and 11(2). It is hard to see on a quick read. It is down to one word, as I see it. Section 11(1) refers to "relevant proceedings", which is defined towards the end of section 11, whereas section 11(2) refers to "any proceedings". While that is a small word, it is a significant difference because...

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

Cian O'Callaghan: -----or withheld information and so forth. Section 11(2) means that for any other proceedings, that is, that are not enforcement proceedings taken by a local authority or MARA, relating to anything in the Bill, a relevant declaration shall not be admissible in evidence.

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

Cian O'Callaghan: By anyone, surely. Section 11(1) applies to enforcement authorities and enforcement actions they take, while section 11(2) applies to proceedings by anybody else, that is, anything that is not enforcement proceedings taken by an enforcement authority. That is my read of it.

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

Cian O'Callaghan: It is subject to section 11(1), so it is any proceedings except for relevant proceedings, as defined. Section 11(1) states that in relevant proceedings brought by an enforcement authority, a relevant declaration shall be conclusive evidence. It is all laid out there. I still have an issue with section 11(2). I do not believe the changes the Minister is looking at in section 10 address it....

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

Cian O'Callaghan: It states that it "shall not be admissible". It cannot be admissible, not that it cannot be used solely as evidence.

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

Cian O'Callaghan: Sure.

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

Cian O'Callaghan: I have a small question, which is really for the Chair in terms of the procedure around this. I appreciate that we are getting the note and that is necessary here. Yet, we will have no opportunity to ask questions after we get the note or to raise any issues. Is that the case or will there be an opportunity to do so?

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

Cian O'Callaghan: Can we come in at that point, before there is a vote on it?

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

Cian O'Callaghan: Okay, and will that happen today?

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

Cian O'Callaghan: If it happens today, there is nothing we can do about that.

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

Cian O'Callaghan: We might get it before a vote. I thank the Minister.

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

Cian O'Callaghan: I move amendment No. 67: In page 43, between lines 13 and 14, to insert the following: “(f) any other person.”.

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

Cian O'Callaghan: I move amendment No. 69: In page 43, line 14, to delete “a relevant person” and substitute “any person”.

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

Cian O'Callaghan: I move amendment No. 71: In page 43, line 23, to delete “a relevant person” and substitute “any person”.

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

Cian O'Callaghan: I move amendment No. 73: In page 43, to delete lines 31 to 36 and substitute the following: “(c) In relation to development (wholly outside the outer maritime area), granted or proposed under this Act or the Act of 2000, any person may, upon payment of the prescribed fee, make a request in writing to the planning authority within whose functional area the development is, or is...