Results 4,521-4,540 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: We are jumping all over the Bill here, but section 320 deals with time limits on enforcement. The Deputy will see it is a common provision across the board, so I do not understand what he is asking.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Yes. It is right it is stated there as well.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I get the Deputy's point.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: The Deputy is asking why is it specifically related to quarry development and peat extraction.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I think I have answer, but the Deputy should go ahead.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: You never know.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: To be fair, we might have all been reading it the wrong way around on this.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: We need to go back to section 320(3) and the reference to unauthorised quarry development or unauthorised peat extraction development. The subsection states: Notwithstanding subsection (1), enforcement action may be commenced at any time in respect of unauthorised quarry development or unauthorised peat extraction development in any of the following circumstances: (a) where no permission...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: It means a person can take enforcement action without seeking remedial measures as well.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Which I have said.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: No, it is not that people are not allowed. Let me just check that, because we have agreed they can go past that for quarries and peat. The Deputy is referring to the passage that states "A direction or draft direction under this section shall not require the taking of remedial measures in relation to a development ...".

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I get the point. We are agreed on going past seven years. Going back to 2005, would a quarry that had been stopped be remediated back up to what it was in 2004 if it goes back to that? You add in 15 years of unauthorised quarrying and an enforcement notice issued. You have stopped that, it is an unauthorised development and you have been able to take enforcement action. Remediation or...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: On that point-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: There are two things to consider. The enforcement notice itself should detail what actions need to be taken with regard to a site. That is the first thing. The legislation guides that. Regarding section 130(8), I take the point that has been raised because it looks like we are giving an exception in that piece, which is not its intention because the enforcement notice will detail what...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Remedial measures will be in the enforcement notice.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: On foot of this discussion, I need to get absolute clarity on that piece. The enforcement notice is very clear. That is the legal enforcement that is being taken about what works need to be done to restore or remediate a site. That is covered and we have dealt with that. Regarding how that interacts with section 130(8), which relates to the direction by the commission to take remedial...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: We will look at it. I do not believe there will be a conflict by the time we will have gone through it. Section 131(3) states: Where the Commission decides under section 121 to refuse to grant retrospective consent (other than on the basis that retrospective consent is not required) the development concerned shall, notwithstanding any other provision in this Act, be deemed to be...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Then the person falls into section 320 and one is going back further than seven years. That provision is very strong and clear that one can go past the seven years, particularly for those two activities: quarrying and-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Remediation is included in the enforcement notice under section 317(2)(d).

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: On this point, from us going through this I am sure that it will not be the case that this would be an exception. We will go back and look at this piece and will come forward with an explanatory note on this.