Results 4,501-4,520 of 25,713 for speaker:Darragh O'Brien
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Darragh O'Brien: Yes. The substitute consent piece would have to be dealt with first, effectively, because the other would fall if that falls.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Darragh O'Brien: Section 128(2) states: Before deciding whether to grant retrospective consent under section 121, the Commission shall, in addition to consideration of the matters to which it is required to have regard pursuant to this Act, also consider the significant effects on the environment, or on a European site, that have occurred, are occurring or could reasonably be expected to occur by reason of...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Darragh O'Brien: Yes.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Darragh O'Brien: Exactly.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Darragh O'Brien: Yes.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Darragh O'Brien: Pardon me?
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Darragh O'Brien: In relation to remediation or restitution, or whatever phrase is used, that would be detailed in the enforcement notice itself. That is the function of it.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Darragh O'Brien: It would have to be done on a case-by-case basis in relation to what this specific enforcement notice related to. I am not going to use Derrybrien as an example but it would be determined on a case-by-case basis as to what restitution or remediation is required and it would then be assessed as to what is appropriate to the given site. Is the Deputy asking what the detail, scope or...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Darragh O'Brien: I think it is a planning decision.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Darragh O'Brien: It is all set out actually in section 130, which deals with "Refusal of retrospective consent: direction by Commission to take remedial measures".
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Darragh O'Brien: Section 130(4) relates to draft direction.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Darragh O'Brien: Exactly, and the proper expertise would be there because it could be of national importance.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Darragh O'Brien: Yes. The reason for getting that information is something we discussed a few weeks ago. For argument’s sake, let us say the Minister of the day is informed that a number of these are happening. That could flag a procedural issue or a resource issue within the board. The Minister would then get the OPR to conduct a review of what is happening and see what the reasons for this are.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Darragh O'Brien: It is for the appeals as well, so it could go straight in as for the appeals. However, bar that, it is the only place.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Darragh O'Brien: It could be.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Darragh O'Brien: Further down, on page 261, it states: A draft direction served under subsection (1) shall require the person on whom the draft direction is served— (a) to take the remedial measures specified in the draft direction, (b) to keep records of the remedial measures being carried out in accordance with the draft direction,
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Darragh O'Brien: It is on page 261.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Darragh O'Brien: It is paragraphs (a) to (e) of section 130(4). That is the purpose of the enforcement notice. It is legal enforcement. The Deputy may wish to have a look at that first. He will see it is detailed very clearly. Then it further provides that if land or a maritime site has been refused retrospective consent it is an unauthorised consent and cannot be subject to any further application for...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Darragh O'Brien: No, I think it is on a case-by-case basis using the expert advice they have within the planning authority. It could be with regard to biodiversity loss. Section 130(1) states "Where the Commission decides under ... [this section] to refuse to grant retrospective consent, it may serve a draft direction on the applicant concerned requiring the applicant to cease all activities ...". It then...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Darragh O'Brien: That is a standard provision and it is effectively statute-barred after seven years.