Results 2,301-2,320 of 14,941 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: Does the Minister of State mean section 75(1) or section 75(2)?

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

Eoin Ó Broin: That still does not address the point. Subsection (4) includes a significant power. The Government is proposing to allow the regulator, at any stage while it is carrying out its assessment of a plan - the beginning, middle or end - to have the power to temporarily suspend a plan or any element of it. My one concern is that there seems to be no real check. It would be different if it were...

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

Eoin Ó Broin: Sure, but subsection (4) can be used before any item under section 75(3)(a) to 75(3)(f) are concluded. Am I not correct in that?

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

Eoin Ó Broin: I am asking the Minister of State to clarify that the assessment does not have to be concluded. Not all of the considerations under section 75(3)(a) to 75(3)(f) must be concluded. We are talking about a really early intervention mechanism. Is that not what it is?

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

Eoin Ó Broin: That clarifies the point.

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

Eoin Ó Broin: I have a general query about section 75(12), which states: Where the Minister decides under subsection (11) that a draft direction should be issued under section 76, he or she shall— (a) identify in the stated reasons provided under paragraph (b) which of the criteria in paragraphs (a) to (c) of subsection (8) the Minister considers to be met, and (b) direct the Office of the...

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

Eoin Ó Broin: I just want to ensure I have the process right. The OPR does its review or assessment but has to get permission from the Minister for the draft direction.

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

Eoin Ó Broin: Will the Minister of State explain that?

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...