Results 4,861-4,880 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: Perfect. “Exceptional circumstances” is used many times throughout this document. When we were doing the substitute consent Bill, we clarified "exceptional circumstances" in it. Is it confusing if we use that terminology throughout this as well? These exceptional circumstances are not the exceptional circumstances that apply to substitute consent.

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 want to keep most of these out of the court, along with this one. The environmental portal is mentioned. That could be a good asset. It contains summary information on environmental impact assessments, nature impact statements, etc. It states that it will contain summary information. Am I allowed to believe that then will direct to where the full information is, which may be a local...

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

Steven Matthews: If the environmental portal was a one-stop place that people could go to, that would be good. An EIS could cover more than one local authority, so you may be in another local authority and not familiar with adjoining local authority website and how to navigate it. It has potential in this regard. If the environmental portal was a one-stop place that people could go to, that would be...

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 wonder why the word “apartments” is not there. Does “houses” cover the definition of “apartments”?

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 right. 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: Section 5(f), as written, includes apartments.

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 think that is my list for the moment. Does anybody else wish to come in? I call Deputy Ó Broin.

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 a good point.

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 should also look at the matter of the 22 m rear window to rear window guidance in the regulations.

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 will come back to judicial reviews again as the more I discuss it, the more issues occur to me or the more concerns I have about it. It would be helpful for the committee to be provided with a comparison document around standing and all aspects in the process or framework of JRs as it currently stands and what is proposed in Bill. It would be helpful to have a document that contrasts the...

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

Steven Matthews: It seems people can apply to a court for a stay on the determination.

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

Steven Matthews: While it is being amended.

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 decision is amended and that satisfies the judicial review. The person who has taken the JR points out the process or part of the law that was not complied with. The minor error is corrected. What happens to that JR? Is it successful and the person who took it has won the case?

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

Steven Matthews: For example, I take a JR complaining that this part of the law or process was not complied with. We go to court, and as we are going through court and the proceedings the planning commission, for example, says, "There is the mistake; we will go back and amend it." It amends it. I am supposed to be satisfied now because that is why I took the court case in the first place. Have I won that...

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

Steven Matthews: Yes. There could be other grounds.

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

Steven Matthews: Supposing, though, that there is this one ground or 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: -----and the commission comes back and refers to the traffic report or whatever it might be and corrects the decision. I am satisfied now, as the person who took the case, that that is the bit of law I thought was wrong and now the commission can change it. Prior to that, that decision would have been quashed and put back to the decision-making point. Now what happens?

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

Steven Matthews: There was a failure in the process to notify or to include that we consulted on the traffic report. The board can now amend that error; therefore, there is no outstanding legal issue any more. What happens to the judicial review case? What is that judicial review case now called? A successful one, a quashed one or 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: The remedy has been applied so it falls. In that situation the person who took the case, I assume, is entitled to the full costs.

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 decision stands.