Results 5,401-5,420 of 25,732 for speaker:Darragh O'Brien

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: We will have categories of exemptions within the regulations. They would be adequately covered there. They are adequately covered also in the principal legislation. I note the point Deputy O'Callaghan has made. I will seek further advice rather than clarification on the potential scenario he raises. We are not in a position to accept the amendment as it currently stands. Similar to...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: It is a minor amendment to a reference in section 9. Currently, the Bill refers to making exemptions for developments that would, but for the repeal of section 4(1) of the 2000 Act, be exempted developments within the meaning of that Act. Limiting this provision to subsection (1) was incorrect, as development was exempted throughout section 4 of the Act.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: Exactly.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: Deputy Ó Broin is correct in that I will not be accepting the amendment. The Bill already provides for consultation with State authorities. I do not know whether the Minister of State, Deputy Noonan, dealt with amendments Nos. 58 and 59, but I wish to consider them further. They would provide for consultation with statutory undertakers. Has the committee reached those amendments?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: The Bill already provides for consultation with State authorities. I was not here for that part of the debate, but the Minister of State indicated he would consider the subject matter of amendments Nos. 58 and 59 further. Both read "after “authority” to insert “or statutory undertaker” ". We will consider this in consultation with others when preparing the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: I would not have to consult, but we will consider whether further strengthening of this provision is required. Requiring that the prescribed bodies be consulted on every element in every single instance may well be far too onerous, so I will not accept the amendment.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: The Deputy knows this, given that he drafted the amendment, but if he looks at page 38 and section 4(3) on orders and regulations, he will see it reads, “The Minister shall, before making regulations under this Act, consult with any State authority in which functions vest that he or she considers are connected with the matters to which the proposed regulations relate.”

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: Understood. Sorry. Go ahead, Deputy.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: In terms of the regulations, the Minister of State said that, although they will be withdrawn, we would look at amendments Nos. 58 and 59 in the round and see whether we can strengthen the provisions. I appreciate Deputy O’Callaghan’s point that his amendment does not put an absolute onus on the Minister of the time and instead allows the Minister to decide whether he or she...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: Under Deputy O'Callaghan's amendment, the Minister may not do it anyway.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: As we discussed last week, the advantage with regulations is that we can see how things are working and they can be changed. Even if I were to accept the amendment, which I will not, it would not put the onus on the Minister. It is effectively a statement. Any Minister could decide not to consult, although I do not see that happening. I will take on board the points raised and see...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: In respect of amendment No. 52, I assure members we will look at that and work with them on the regulations in that regard. In respect of amendment No. 56, exemptions are not retrospective, so if an unauthorised development is carried out and that development becomes a type of exempted development after it has been carried out, that will not make the development authorised. The test as to...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: We can have this discussion again. I am listening to the Deputy.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: The original development, however, will still be unauthorised. If someone carried out something that was defined in regulations as an exempted development or an addition to an unauthorised development, the original development will still be unauthorised.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: It will still be unauthorised, but if the period has elapsed, it will be statute barred. I get the point the Deputy is making. The original development will still be unauthorised, but as for whether someone could still take an action, I would have to check that out.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: The original barn or outbuilding that is built without permission and unauthorised will always remain unauthorised, for the future sale of it and so on. If the period has elapsed, it will become statute barred. The Deputy's question is whether, if someone were to build an extension to that unauthorised building, that additional development would be exempted. I do not think it would be, but...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: I move amendment No. 50: In page 40, line 23, to delete “subsection (1) of”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: I understand the point Deputy Ó Broin is making. He mentioned Moore Street as an example. I know it well. Deputy Ó Broin is seeking to add text similar to that in section 9. While the setting would generally be taken into account it should not be a restriction. For example, a development could be in the grounds of a protected structure and we have seen many of these in many of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: I understand the point well, and I understand Moore Street as an example. I assume we are not using Moore Street as a mechanism to change the Bill. It and the battlefield site are very important. I know the area well and I know the history of it very well also, as I am sure all Deputies here do. With regard to the definition, while we could say it is the alleyways in this example for many...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: It will still be unauthorised, however. To conclude my point, it will still be unauthorised because it was unauthorised under the law that was in place at the time, and any changes will not make it authorised. I reiterate that the exemptions are not retrospective. If an unauthorised development is carried out, that development will become a type of exempted development after it has been...