Results 4,821-4,840 of 9,814 for speaker:Steven Matthews

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Steven Matthews: Certainly.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Steven Matthews: To clarify for anyone who was not here earlier, there will be a document that cross-references the old sections with the new sections, together with some other helpful documentation. That is being put together at the moment by the Department and the officials. I understand that what is now called section 8 was called section 5 in the existing legislation. I think I am right so far in...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Steven Matthews: Under the new section 8, it appears anybody seeking such a declaration must be a "relevant person", which seems to omit members of the general public. What is the rationale for that? If I am not the owner or the relevant person, may I not seek a section 5 declaration?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Steven Matthews: I take Mr. Ryan's point on that. However, to go down the unauthorised development route, one is going into six weeks of warning letters and possibly follow-up actions and enforcement. It is a good indicator to know whether an unauthorised development would be worth seeking if a section 5 declaration can be obtained.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Steven Matthews: Was it taking up a considerable amount of time and resources to deal with the fact third parties could seek a declaration?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Steven Matthews: Who reported that issue?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Steven Matthews: We can put that question to the LGMA when we speak to its representatives. I think it is an omission that there is no provision for third parties and it would be helpful if we were to retain it. I find some of the wording in section 249, which deals with judicial reviews, very troublesome. Subsection (5) states that "any of the bodies concerned may make an amended decision, correcting...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Steven Matthews: That clarification should be inserted in the text, with the inclusion of something like "any error involved that is not material to the decision".

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Steven Matthews: Subsection (5)(b) provides that the body concerned may: (i) take any steps remedying – (I) any alleged failure to perform the function, or (II) remedying an act done, Again, there is the question of whether something is material to the decision. Is there anything that needs to be qualified here because, again, the provision seems to give limitless powers? The wording of "any...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Steven Matthews: The wording might be changed to "remedying any act done that is not material to the decision".

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Steven Matthews: That is fine. The Office of the Planning Regulator's second-phase review report lists some 150 different judicial review cases and specifies whether those cases were dismissed, remitted or quashed. Has that list been gone through to see what can be learned from it? Strategic housing developments, SHDs, account for approximately half of the judicial reviews. Given the SHD process is...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Steven Matthews: That is good. To clarify, if any of these mistakes or errors in law that are immaterial to a decision were to be amended, would the decision and the outcome of the decision be unchanged?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Steven Matthews: Okay. I get that. Where will the difference lie between the current section 146, which relates to correcting a clerical error, and what we are going to look at by inserting a clarification to mean an error not material to the decision? It is a slightly higher type of clerical or assessing mistake.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Steven Matthews: Okay, I take it that it is just a great example.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Steven Matthews: Okay.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Steven Matthews: I would really appreciate, as I think many people would, clarity on how the decision will not then be affected by this. In other words, we are rectifying the process failure but the decision will remain the same. I understand that once the decision has been made by a planning authority or the board, it cannot go back and make that decision again. Its role is finished. Then it becomes a...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Steven Matthews: Sure. I am sorry; I am out of time. I must be as strict with myself as everyone else. I will move on now to Deputy Cian O'Callaghan.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Steven Matthews: I am sorry; what page is this on?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Steven Matthews: Somebody is taking a note of it.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Steven Matthews: Is Deputy Ó Broin going to take the next Sinn Féin slot?