Results 3,261-3,280 of 14,941 for speaker:Eoin Ó Broin

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

Eoin Ó Broin: Let me pose two scenarios, because I am only getting to grips with this section as we discuss it. Let us look at the first scenario in the context of what is here. I am a landowner or developer. I submit a section 10 declaration request and I get back a positive response that it is exempted development. I then proceed with the development but it is legally challenged. I then have the...

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

Eoin Ó Broin: Yes, but in this case when I put in my declaration request, the planning authority said it was not exempt. I have that. A third party may have, through whatever means, obtained a copy of that. They may be legally challenging my development, which is not exempted, but they would not be able to submit that as conclusive evidence. This seems a really bizarre imbalance of rights between first...

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

Eoin Ó Broin: I appreciate that.

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

Eoin Ó Broin: In light of that, it seems that only the first party should have the right to submit evidence that is deemed conclusive in legislation. It also seems hard to understand how, under section 11(2), a relevant declaration under certain circumstances would not be admissible. I would have thought that ultimately it is a matter for a court to decide if something is admissible or not. We are being...

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

Eoin Ó Broin: No. Let us consider a situation where the types of changes to section 10 were made. Let us imagine the Minister had a road-to-Damascus conversion, got hit on the head with a heavy object and all of a sudden he agreed with us on this side of the House. Even if we got section 10 right, there would still be reservations about section 11 in the context of equity between first and third parties...

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

Eoin Ó Broin: Sure. I will make two observations. That is not what the legislation says. It says "shall not be admissible". It does not say it shall not be used to initiate. They are two different things. Also, it is not just about whether or not it can be initiated. Think about a real-life case. I have my exempted development declaration, have spent a large amount of money refurbishing my factory...

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

Eoin Ó Broin: Where it starts is possibly a step before that, where I as a third party make a planing enforcement complaint as part of which I give the planning authority information. While maybe not legally, I am a party to the proceeding in real terms because I have initiated it.

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

Eoin Ó Broin: I am not legally a party but I have initiated this in the local authority and planning enforcement is pursuing this on foot of my complaint and the information I have given it.

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

Eoin Ó Broin: Let us say I, as a third party, make a formal complaint to my planning authority and, as an individual, go to South Dublin County Council, fill out the relevant form and make a complaint. As part of that I submit some documentation, including a copy of the section 10 declaration. The planning authority then investigates and decides to take action. I have initiated that process because I...

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

Eoin Ó Broin: Please correct me if I am wrong but does section 11(2) not prohibit that?

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

Eoin Ó Broin: Does that then mean I have it correct? Section 11(2) basically means the first party cannot use their section 10 declaration if section 11(1)(a) and (1)(b) apply.

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

Eoin Ó Broin: Perfect.

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

Eoin Ó Broin: We are to have 12 notes now because there were eight yesterday.

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

Eoin Ó Broin: In the note the Minister is going to provide, can I put in a couple of additional questions in order that my queries are clear? I am beginning to understand that section a bit better. Section 11(1), provides that "A relevant declaration shall be conclusive evidence of the matters stated therein in relevant proceedings brought by an enforcement authority" or the Director of Public...

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

Eoin Ó Broin: I ask that question because in the way this is worded, it sounds as though there is a live enforcement action and the planning authority or the DPP will take action against the developer. The developer in this case may have sought a section 10 declaration, as it will now be called, but gave false or misleading information. I do not understand why in that scenario there would need to be the...

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

Eoin Ó Broin: Does that extend to section 11?

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

Eoin Ó Broin: I move amendment No. 66: In page 42, to delete line 40, and in page 43, to delete lines 1 to 13.

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

Eoin Ó Broin: I move amendment No. 68: In page 43, between lines 13 and 14, to insert the following: “(f) any other person has a material interest in establishing whether the development is exempt from planning permission.”.

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

Eoin Ó Broin: That is fine.

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

Eoin Ó Broin: As someone who has spoken about grammar and syntax at the committee, I cannot complain about anyone else's punctuation.