Results 5,341-5,360 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: First, it is not binding evidence. The Deputy is asking whether a section 5 notice that has been served could be used-----

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

Darragh O'Brien: On the first question, a declaration only relates to a point in time.

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

Darragh O'Brien: The exemption thresholds could change in the intervening period. I would have thought that we would need to review the law that was in place at the time the works were carried out. The interpretation of the legislation would then be a matter for the courts. The Deputy is asking how, if someone submitted it under the existing Act, it would be dealt with on the enactment of the legislation...

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

Darragh O'Brien: Let me just check that.

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

Darragh O'Brien: I know they are transitionary measures. Is the Deputy asking what will happen if it is before the courts already and the legislation before us is enacted?

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

Darragh O'Brien: No, it does not have a retrospective effect. It is lodged in the courts under the existing legislation in the context of the position that obtains now.

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

Darragh O'Brien: We are going to work on section 10, as we discussed already, with regard to third-party interactions. That just goes forward from the enactment of this legislation. When enacted, the legislation will apply to any new applications. Should such applications go forward to court, that will happen in the context of the provisions of this Bill. There is no retrospection in respect of this matter.

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

Darragh O'Brien: Yes.

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

Darragh O'Brien: Yes.

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

Darragh O'Brien: I do. Prior to this, we had a discussion on section 10-----

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

Darragh O'Brien: -----and how the third-party interaction will work in that context. We have committed to looking at that.

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

Darragh O'Brien: No, I have given the Deputy an example of my thoughts around the third-party piece, not what he is saying.

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

Darragh O'Brien: Whatever change happens there would have to be reflected, one would have thought, in this section in the context of the operation of the declarations and how they would be treated vis-à-vis third parties.

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

Darragh O'Brien: Is the Deputy referring to what the position would be if the Bill was passed as it is right now?

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

Darragh O'Brien: No.

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

Darragh O'Brien: It is the same declaration.

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

Darragh O'Brien: I will have to check that. There is relevance in what I said earlier insofar as how third parties will interact on section 10. As I said, I would expect that when we make changes there, they will have to flow into a change in this section.

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

Darragh O'Brien: I would absolutely think that it would have to because section 11 deals with the application obviously so it would have to.

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

Darragh O'Brien: If someone is relying on section 10, then why would they be in court. We will have to look at this on the basis of any changes that are made in section 10 and how that would interact with this section. I understand the point the Deputy is making. He is looking at that, as it is there, in isolation of any changes that would be made in respect of third parties.