Results 5,241-5,260 of 26,666 for speaker:Darragh O'Brien
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)
Darragh O'Brien: One, because it is non-material and, two, because it could be an instance whereby - as we discussed earlier - the development is completed but there may be some additional small works to be done. If one is effectively working on a site where the permission period has expired any works post that date are unauthorised if the permission period has expired. This provides the option to the local...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)
Darragh O'Brien: Because it is not material to-----
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)
Darragh O'Brien: The extension of the permission is granted on the-----
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)
Darragh O'Brien: We discussed that the extension period is up to that period. So you know-----
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)
Darragh O'Brien: I understand the point and I understand why Deputy O'Callaghan is asking the question but I do not see that being the instance at all. If it was something that would take five years to do, it would all be material to the development itself. This extension of permission will be for very minor works. Any extension periods we talked about are up to that period.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)
Darragh O'Brien: If it is not material it has to grant it but what I am saying to the Deputy is that his question to me is-----
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)
Darragh O'Brien: The authority does not have to give the five years. That is what I was trying to say.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)
Darragh O'Brien: It will give a period of time up to that. Five years is the maximum.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)
Darragh O'Brien: They do not get a default, "Here is five years to finish the painting".
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)
Darragh O'Brien: They could get whatever.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)
Darragh O'Brien: Yes.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)
Darragh O'Brien: The time period is up to the planning authority to decide. Deputy Ó Snodaigh, for example, could come to me and say-----
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)
Darragh O'Brien: But I could then say, "Sorry you are getting two months".
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)
Darragh O'Brien: The period is discretionary.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)
Darragh O'Brien: If the Deputy came to the planner and said he wanted two years to paint the apartment block or to paint a bike shed within the development - we will use this as an example of a non-material alteration - he would be given the permission in relation to the extension of duration for non-material completion or non-material works. The planning authority will decide on the duration. One does not...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)
Darragh O'Brien: Section 135 interacts with section 136 as well. Section 135(3) provides that: "A request under subsection (1) shall specify (a) the particulars of the alteration requested, (b) the period of the extension requested, or (c) both those particulars and that period". The duration period is a matter to be decided by the planning authority. Section 135 deals with overall "Request for alteration...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)
Darragh O'Brien: Subsection (1) details what the request is. The request is the particulars of the alteration required, the period of the extension requested and all of those things. That assessment is done by the planning authority. I get the point the Deputy is making. If someone goes in with a request for an extension of duration based on non-material works that are required, do they get a default five...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)
Darragh O'Brien: Section 136(1) refers to "where an alteration or extension requested under subsection (1) of section 135 "." So this goes back to section 135, which is the main section within it. The request under section 135(1), referred to in section 136, is assessed under section 135(3). Section 136 goes back to section 135(1) and then we can see what flows out of section 135(1) with regard to what a...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)
Darragh O'Brien: It is not to not grant it. It is stating that for non-material works it is defaulting to grant an extension to non-material works. In response to the point the Deputy is putting, if he came to Fingal County Council and asked for an extension of permission on a non-material basis and said that he wanted two years, the planning authority would assess that. The planning authority does not...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)
Darragh O'Brien: It states very clearly, "Where the duration of a permission is extended under this Chapter, the period of the extension shall be less than or equal to the duration of the permission being extended." It is not material.