Results 3,141-3,160 of 14,941 for speaker:Eoin Ó Broin

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

Eoin Ó Broin: Perfect, I am happy with that.

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

Eoin Ó Broin: I thank the Department for the memo that was sent on Friday. I appreciate that being done, particularly at the end of a busy week. I am seeking three clarifications. I refer specifically to the note on section 11. It is stated that section 11(2) makes provision in respect of the specified types of proceedings listed in the subsection. Given that the subsection refers to "any proceedings...

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

Eoin Ó Broin: That is the first one. The second is to ensure that I fully understand section 11(1). If I read the explanation correctly, section 11(1) relates to circumstances where an enforcement authority is taking enforcement action against the owner of a development. If the developer is able to provide a section 10 declaration stating that the development was exempt, that will be determined as...

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

Eoin Ó Broin: What I am trying to work out is the procedure which is envisaged in section 11(1). If, in the first instance, a planning authority takes a case against a developer and the developer comes into court and says he has a section 10 declaration saying the development is exempt, then that is it - case closed. In some senses, the purpose of this provision is to disincentivise a planning authority...

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

Eoin Ó Broin: It is where a developer is using a section 10 declaration to defend against an enforcement action. The hope here is that if this provision becomes law, a local authority would not proceed with such a legal action if it knew there was a section 10 declaration held by the developer saying that the particular development was exempt. Is that not the case? The local authority would know that...

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

Eoin Ó Broin: For clarity, this provision would apply either to a developer who is defending against enforcement where he has a section 10 declaration stating it is exempt or to a local authority that is pursuing a prosecution.

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

Eoin Ó Broin: Can it be used by both sides?

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

Eoin Ó Broin: The memo we received states that the net effect will be that a third party cannot participate in the decision to grant a section 5 declaration - we know that from section 10 - and cannot challenge a section 5 declaration when given. It is also stated that a third party cannot seek an injunction against the construction or retention of a development carried out on the basis of a section 5...

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

Eoin Ó Broin: Can the third party use the section 10 declaration in the context of section 11 (2) in any proceedings?

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

Eoin Ó Broin: They would have to use section 31(8) of the planning Act. They could not use the section 10 declaration in any proceedings.

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

Eoin Ó Broin: The Minister gave a commitment to examine this matter. The situation I have outlined seems bizarre. It would be much to allow a third party that got hold of a section 10 declaration to just injunct and stop the development. If they have to go through planning enforcement, which takes a long time, the development could be built by the end of it.

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

Eoin Ó Broin: We had the debate on section 10 and I am not going to reopen it. However, in certain circumstances, there has to be a provision to allow a third party who gets access to the declaration to utilise it. The wording of section 11(2) is too general. It would people if they could just injunct using the section 10 declaration.

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

Eoin Ó Broin: I would be very worried if it is not. However, that is why the section, as it stands, is not good.

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

Eoin Ó Broin: There was one other scenario. I appreciate the Minister of State was not here. The Minister, Deputy O'Brien, was here. The scenario, which is a real-life case, relates to a section 5 declaration being submitted to two local authorities beside each other for a development that ran across the boundary of two local authorities. I am pretty sure it was submitted by a utility company. The...

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

Eoin Ó Broin: Is the Minister of State saying that if a public utility company which has a development, and in this case the wiring and cabling had already been laid, puts in a section 5 declaration and it gets two different answers, if it is not happy with one of those answers it should appeal it to the board?

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

Eoin Ó Broin: What happens if the board upholds the original decision? If the board likes the decision I appeal, I am hardly going to appeal the other one, which is in my interest.

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

Eoin Ó Broin: The problem is that it has already happened, so one would have to apply for retention. That is what I am trying to tease out. Without labouring the point, all I am saying is that I think it is an issue that needs some consideration given that it has actually happened.

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

Eoin Ó Broin: Yes. What I might do is email the officials with the case in point, as that would be instructive.

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

Eoin Ó Broin: We eagerly await them.