Results 4,181-4,200 of 25,713 for speaker:Darragh O'Brien

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: Sure. Amendments Nos. 725, 734-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: -----and 788. These amendments propose a number of changes to the material alteration provisions in section 137 and the expiration of permission provisions in section 166, which we have just discussed. They collectively aim to provide that a permission may be extended for no more than 24 months in cases where development has commenced and no more than five years in cases where it has not. ...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: They are all on the same issue. Based on the discussion we have had, I do not propose to accept them.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: It is up to ten years; it is not a default.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: If they are not material, they will not have an environmental effect. The Dutch system is very different from ours. Section 137(5) states that a deciding authority shall give notice of a decision under subsection (1) in such form and manner, and to such persons, as may be prescribed, and section 137(6) lists what a notice under subsection (5) shall state. They relate to the material...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: Amendment No. 784 seeks to amend section 164(3) to extend the ability to set a permission period of more than ten years for direct applications to the commission to include development by statutory undertakers under Chapter 3. Did Deputy McAuliffe move this?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: I do not propose to accept it because I do not believe it is appropriate. The reason a permission of more than ten years may be appropriate for direct applications to the commission is that the type of development that is submitted directly to the commission is of a scale or complexity that it may require longer permitted timeframes. I cannot accept amendment No. 784. It does not matter...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: We discussed that a few weeks ago as well.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: We have engaged on statutory undertakers. I remember that this was discussed a couple of weeks ago concerning Uisce Éireann and a few other bodies. We have engaged on the role of statutory undertakers but I do not propose to accept the amendment.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: The amendments with which that amendment is grouped collectively aim to provide that a permission may be extended for no more than 24 months. The amendment was tabled by Deputy McAuliffe and I do not propose to accept it. Did the Deputy table amendment No. 791 also?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: I should have said we are dealing with it under amendment No. 791. That is the Government amendment and it incorporates much of what amendment No. 788 seeks to do. We have not got to amendment No. 791 yet.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: We are not accepting that amendment.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: No. We have not got to that yet.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: Amendment No. 791 inserts a new section: "Suspension of running of duration of permission due to Part 9 judicial review proceedings". This amendment will suspend or pause a planning permission where it is subject to a judicial review, JR. Under the Planning Act 2000, there is no restriction on the holder of a permission commencing the development while the permission is subject to JR, but...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: I cannot accept the amendments proposed by Deputies Ó Broin, Gould and Ó Snodaigh to my amendment No. 791. Amendment No. 1 to amendment No. 791 removes the end date for the suspension of time. It is not workable that a suspension of time would not have a clear end date. That would introduce uncertainty as to when the period ends. Amendments Nos. 2 and 3 to amendment No. 791...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: A JR is taken on foot of the permission being granted by the planning authority. The person who makes a submission to the original application is not party to the JR. The suspension of time is not relevant to them and does not affect what they have put forward. The decision on the JR will be made one way or the other. Either the permission is upheld or the JR is upheld and the permission...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: I absolutely agree with the Deputy. I just think one day is very short, so we need to re-envisage it to be a short period. I certainly take on board the motivation behind this.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: We will prescribe the period so it will be clear and so it is not just left open for a short period. There will be a prescribed period. Specifically in respect of the amendments the Deputy tabled - I understanding the motivation behind them - a period of one day is seen to be very short. We will be talking in terms of days, and we will be prescribe the period. We will not be a million...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Darragh O'Brien: There is no distinction between a standard permission of five or be that ten. We checked these points. We looked at it, particularly in the context of environmental assessments and so on, with the OPC and the Attorneys General, and this provision is absolutely sound. With the passing of this Bill, changes will be made. We are seeing fewer JRs now anyway, which is good. That is down to...