Results 2,821-2,840 of 15,198 for speaker:Eoin Ó Broin

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: It would be useful if the officials, who must do the heavy lifting on this, could set out very clearly the difference between the current provisions of the Act and what is proposed in sections 98, 124, 140 and 141, and the interaction of the new proposals with further information requests and decision-making timelines. If we had that information, it would mean that when we would get to...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: That is my point.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: You will not close down any discussion on the sections because it is related to the amendments.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: Okay.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: It is not just section 98 but the other four areas.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: Sections 98, 124, 140 and 141.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: I might have one small additional question on the amendment.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: I have a question on section 38(16).

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: It is just to explain section 38(16). That subsection states: Where, in any application for judicial review of a direction made pursuant to this section in accordance with the Rules of the Superior Courts ... and Part 9, the Court concludes that the Minister was not entitled to form the opinion that one or more of the criteria in paragraphs (a) to (d) of subsection (8) of section 36 is...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: That obviously refers to section 36(8)(a) to (d). If the direction is based on more than one of those in section 36(8)(a) to (d) and, in the court proceedings, just one of those is deemed invalid, then the direction should still have legal standing.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: Unless the court finds that the Minister was not entitled to form such an opinion. Is that a new provision? Has it been used before? I am intrigued to know.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: I presume, therefore, there is a reason it is there.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: It sounds like there was some case somewhere where there was a list of reasons something was deemed invalid but because only one of them fell foul of the court, a decision was overturned and this is to try to prevent such an occurrence. I presume there was a real-life case of something like this.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: The Department officials probably know.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: Am I right in saying this is there to fix a problem that has been identified from previous court proceedings of a similar nature?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: Okay

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: I move amendment No. 302: In page 97, line 6, to delete “8 years” and substitute “7 years”. Most of my amendments on this section are stand-alone so I will take them one by one.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: Amendment No. 302 seeks to make a small but important change to section 40(2). The current text provides: "Not later than 8 years after the making of each development plan for the functional area of a planning authority, the planning authority shall commence a review of the development plan..." It might seem that reducing the time to seven years is not a big change, but there was quite a...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: It is obvious I will not convince the Minister of State of the merits of the amendment. However, does he accept and has he heard the concerns of councillors?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Eoin Ó Broin: They desire to ensure that a councillor who is elected midway through a ten year development plan cycle would get the opportunity to shape either the review or the revised plan. The premise of the Minister of State's refusal to accept the amendment lies not so much with the substance of what I am proposing, but with the knock-on consequences, some of which are unintended-----