Results 5,321-5,340 of 25,732 for speaker:Darragh O'Brien

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: I certainly take the point on board. The evidence base the Deputy rightly speaks of is at development plan level too. I am going to work on the wording and want to confirm that to members again. All this would allow is flexibility at the local planning application assessment level. The development plan will have been done, it will be consistent with the national planning framework, NPF,...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: It is consequential to amendment No. 595. I have said we intend to bring forward an amendment to this effect on Report Stage so we can kick it back and forth. Deputy McAuliffe's amendment is consequential to that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: That is a general point.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: I move amendment No. 61: In page 42, between lines 7 and 8, to insert the following: “(8) Development in accordance with a notice under subsection (1) of section 59, or subsection (2) of section 60, of the Act of 2000 commenced on or after the repeal of that section by section 6 shall be exempted development for the purposes of this Act.”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: I want to put this in context and answer some of the questions. Regarding the article, all I will say is that the IPI was part of the planning advisory forum. I have met with it and addressed conferences. Its input has been considered. Local authority planners have been involved so there has been wide consultation. They have presented to this committee as well during pre-legislative...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: I thank members for their comments and input. On the public consultation and the planning advisory forum, it worked very well and I reject any assertion it did not. PLS was extensive. This is a significant piece of legislation. The IPI or members within it are absolutely entitled to their views. I do not have to agree with them and I do not. I am somewhat surprised this is one of the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: I thank Deputies O'Callaghan and Ó Broin for their contributions. The Attorney General advises policies with Government. We have to heed the Attorney General's advice. That is clear and that is how every Government should operate. The Attorney General and his team, and indeed the previous Attorney General, have been incredibly helpful in relation to getting this far with this...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: What we brought forward here in this draft of the Bill has been on foot of the Attorney General's advice. I take the point. We have an issue with Aarhus Convention compliance as it is currency currently constructed. I am trying to be constructive here in saying that we are looking at the third party piece. It is not just the case that we will look at it, we are looking at it to see how we...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: There were discussions with the Attorney General post-PLS as well.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: Yes. Absolutely. In putting together this Bill and bringing it to Second Stage and this point we have had daily and weekly meetings with the Attorney General and his team.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: I am sorry. It is complex, and all sections within the Bill have been gone through in detail not just with the Attorney General's team but with him as well.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: I set out at the outset of Committee Stage that in everything that we have done, we have made sure that the Aarhus Convention is central to the Bill and that it is compliant with it. I will not go into the specific details of conversations on specific items that we have had with the Attorney General. I have explained where the advice came from. We have taken on board recommendations in...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: Is that from amendment No. 76 onwards?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: We can go through that when we get back here.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: I will try to deal with this. Deputy O'Callaghan has just spoken about his amendment. Several amendments, namely Nos. 99 to 103, inclusive, are related. They all relate to the inadmissibility of declarations. They cannot be accepted as they seek to deem the relevant declarations as "conclusive evidence", which cannot be pre-emptively done in the legislation as the facts of the case will...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: I have explained it. The amendments seek to deem the relevant declaration as conclusive evidence. That cannot be-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: There is legal advice from the Attorney General stating the declarations cannot be deemed to be conclusive evidence. That concerns first- and third-party roles. If legally binding, the court cannot consider the background. It has to take it at face value. There is very strong advice to the effect that the Deputies' amendments seek to deem the relevant declarations to be conclusive evidence.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: It can be used as evidence. It can be entered into court proceedings, but you cannot look into the background. That would be a matter for the court.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: I am advised that only the first party could use it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: It is related to what we were talking about regarding section 10.