Results 4,781-4,800 of 25,713 for speaker:Darragh O'Brien

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: For a point of clarity on that, this is not an additional burden on a planning authority; rather, this replaces an existing procedure. However, the Deputy’s point is still valid. I will get members as up-to-date figures as I can on resourcing, what is approved and how many additional staff we have in place across the planning authorities.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: It replaces the existing procedure. Every planning authority, when guidelines are issued, has to look at them. What we are doing now is ensuring that they are reporting back within two months.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: No, not the element of a reporting procedure.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: I move amendment No. 507: In page 144, line 5, to delete “Regulator or the National Transport Authority” and substitute “Regulator, the National Transport Authority or any other body as may be prescribed,”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: I move amendment No. 510: In page 144, line 40, to delete “simultaneously” and substitute “on the same day”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: It is a kind of saver provision; a catch-all just in case it would be required. It is not just the Minister. Section 61(2)(d) states: "The Office of the Planning Regulator may, at any time, of its own initiative and for stated reasons, carry out an assessment of a development plan in accordance with subsections (3) and (4)." That is a good thing. The independent Planning Regulator may...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: On the interaction with elected members, I take the Deputy's point and have some sympathy. As Deputies can see, we have detailed what the Minister shall do before issuing an urgent direction. Section 65(4), in paragraphs (a) to (d), lists what the Minister shall do and that includes consulting the OPR and so on. I understand the point about elected members of a local authority. We have to...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: I have not responded to Deputy Matthews. Deputy Gould has indicated on this point. I might come in on the points raised by colleagues, and we can then deal with Deputy-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: I refer to section 65(4). It states: Before issuing an urgent direction, the Minister shall— (a) consult the Office of the Planning Regulator, In response to Deputy O'Callaghan's point and maybe Deputy Ó Broin's also, this is not initiated by the OPR. This is not an extra thing we are asking the OPR to do. Regarding section 65(4), requiring the Minister to consult, I...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: I was trying to give-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: Say for argument's sake it is five local authorities, for example, coastal local authorities in the north east or the north west. One would have to look at how the local authorities are grouped there in that regard and what level of consultation would be there with regard to affected counties. As I said to the Deputy, in trying to be constructive on this and taking the main purpose of the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: I am because as I said already - the Deputy may not have heard me or misheard me - that one cannot read section 65(1)(a) in isolation. It is paragraph (a) and paragraph (b). This section applies "where the Minister is satisfied that-----" the provisions in paragraph (a) and paragraph (b) and paragraph (c) are met. It is not the provision in paragraph (a) in isolation. One cannot read that...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: When the Deputy reads them together-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: To be helpful, on page 29 of the explanatory memorandum it clearly states "This section is a new provision that empowers the Minister [and this is important] with the approval of the Government, to issue an urgent direction to the chief executive of a planning authority to amend the development plan within a specified period for the purpose of making provision for, or in connection with, a...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: The Deputy asked me the question.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: As I have said-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: Deputy O'Callaghan is saying that on the basis of-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: I respectfully disagree with the Deputy's interpretation. The section clearly sets out that it applies where the Minister is satisfied in the case of "an event or situation". Section 65(1)(b) refers to circumstances in which "it is necessary for the Government to take action as a matter of urgency". For the sake of everyone else who is listening, so we are not just repeating ourselves, I...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: No, I am not. However, I will come back on Report Stage on the suggestion regarding pre-consultation, for want of a better word, with local elected members, as put forward by Deputy O'Callaghan.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: I take the Deputy's point. Section 62(3) suspends the operation of the identified provision. Section 62(4) precludes the making of a decision if materially affected by the provisions of the direction. Provision is made for the suspension of the statutory timeline. The wording as set out in the subsection is clear in this regard in its specification that "A planning authority or the...