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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: This amendment relates to exempted developments. The relevant section I am looking to amend states: Development (other than development that is exempted development by virtue of subsection (1) or (2) of section 146) shall not be exempted development for the purposes of this Act if— (a) in the case of a protected structure or a proposed protected structure, it materially affects or...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: It is important to remember that it is not carte blanche. It is only where the character of the surrounding context and structure would be materially affected. It is quite limited. In the case of Moore Street we know what we are talking about because generally speaking it is the alleyways. The alleyways are of particular historical significance as they are how the volunteers made their...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: This point arose quite often in our earlier session today. It relates to the need for a more formalised legislative basis for consultation and engagement during the production of regulations, national planning frameworks or policy statements. Amendment No. 63 seeks to ensure that relevant prescribed bodies are consulted on all proposed regulations under this section on exempted...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: Nobody is proposing sterilising anything. In fact, a proper historical monument taking into account the context of the building would be an enormous boon to the area in terms of amenities and facilities for local communities, as well as tourism for those of us who live elsewhere in the State or the city. A state-of-the-art historic monument on the Moore Street site, by way of example, would...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: Amendments Nos. 599 and 600 are next.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: I want to deal with amendment No. 604 or first, if the Cathaoirleach does not mind. We can deal with amendment No. 605 second. I do not understand why this is being removed. Section 83 of the Bill is headed "Matters to which planning authority and Commission shall have regard". Section 83(3) outlines that, where a decision with respect to an application for permission is being considered,...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: The two issues are being confused. Licensing is a process relating to the operation of a facility, whereas planning is to grant permission-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: -----for the use of the structure. They are not the same. By the Minister's logic, section 83(3)(g) should also be removed because there are legally binding elements as regards the transboundary convention and provision for submissions or observations by other competent authorities. It seems strange to me. Is the position that, if I put in a planning application for a facility that will...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: With the greatest respect, my question was a different one. Planning is about development, the use of buildings and changing the use of buildings. Licensing is about a licence to operate a particular service. They are not the same thing. Let us imagine I want to submit a planning application for a change of use for a commercial building in an industrial estate with a view to running one...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: Perhaps the Minister could explain why it is not appropriate. I am trying to understand the logic. Will the Minister give us more information about the legal advice?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: Okay. There is a problem here. Again, I am not trying to be awkward at all. However, members of the committee are very reasonably asking for explanations with some frequency. It may well be that, when I am provided with an explanation, it will make complete sense. The Minister or his colleagues are frequently not in a position to give an explanation when we ask these very reasonable...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: I have not finished. I have the floor. The volume of notes that is going to be produced is very high. We are not necessarily going to get to return to those issues on Report Stage, depending on how much time the Business Committee and the Government decide to give us. We are finding ourselves in a genuinely difficult position and I am appealing for the Minister to understand our challenge,...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: It cannot be provided here and now but will be provided by way of a written note from officials. While I really appreciate all the work they have done already in providing notes, by the time that note comes, Committee Stage might be finished.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: Perhaps I could have the floor for a moment longer. We may not get a chance to return to these issues on Report Stage. This is procedurally unfortunate.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: Across all Ministers-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: Sure.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: I have a couple of things to say. We are delighted to get as much information as we have and there is no issue about being drowned in paper. I am genuinely pleased at the volume of information we are getting and the Minister's officials have bent over backwards to provide it. My point is a different one. To be clear, the frequency with which members of the Opposition have reasonably asked...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: That is perfect.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: I have questions on amendment No. 605 if we have finished with amendment No. 604.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Eoin Ó Broin: Amendment No. 605 is extraordinary. I have a number of questions. It is a very dramatic intervention to have a statutory prohibition in primary legislation to prevent a planning authority or the commission from refusing planning permission for a specific reason. I am not aware of such a provision existing elsewhere. I would be very interested to know if it does. I want the Minister to...

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