Results 5,421-5,440 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: I have said what needs to be said from our perspective. I understand the objective. It may be unhelpful to use a specific site as an example. In Moore Street, there have been many changes since the Rising, many of which people would not have welcomed. What can be retained now that was relevant in 1916, or prior to that with the original buildings, which are of architectural merit as well?...

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

Darragh O'Brien: Amendment No. 593 is Deputy McAuliffe's amendment.

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

Darragh O'Brien: Amendments Nos. 593 and 594, which I will discuss together, if that is okay, seek to amend the same line of the Bill, which is section 83(1). Amendment No. 593 seeks to provide that when making a decision on a planning application, the planning authority or the commission shall be restricted to considering the proper planning and sustainable development of the area, with regard being had to...

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

Darragh O'Brien: While the Bill, as initiated, makes reference to the climate action plan and other environmental considerations, I see the merit of examining the intent of this amendment, particularly to ensure the language in the Bill reflects fully the Department's commitment to the Government's climate objectives. Obviously, we must maintain the capacity of the planning system to effectively and...

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

Darragh O'Brien: Yes.

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

Darragh O'Brien: Amendment No. 593 is not moved because Deputy McAuliffe was not here. Does that fall? Apologies, it is just being discussed.

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

Darragh O'Brien: I will start with amendments Nos. 599 and 600, tabled by Deputies Ó Broin, Gould and Ó Snodaigh, if that is acceptable. The amendments propose that in addition to having regard to the protected status of a protected structure or the fact that it is proposed to add a structure to the record of protected structures for proposed development that relates to a protected structure or a...

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

Darragh O'Brien: We discussed this before the previous break. My view is these would be matters for decision by a planning authority at planning application stage. I discussed with Deputies Ó Broin and Cian O'Callaghan the very example of Moore Street and how, since the events of the Rising, that street has changed and its character has changed as well but we need to protect the national monument and...

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

Darragh O'Brien: Certainly. These amendments relate to section 83 of the Bill, which sets out the various matters to which planning authorities and the commission shall have regard when performing any function under Part 4 including the determination of planning permission. Amendment No. 604 proposes to delete sections 83(3)(e) and 83(3)(f), which provide that, when making a decision in respect of an...

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

Darragh O'Brien: This was the clear advice of the OPC in consultation with the Attorney General's office. Legal codes need to stay separate. We got very firm advice that there should be no crossover. That is the reason for the amendment to delete the section. It is already well covered under the two Acts that have already gone through, the Environmental Protection Agency Act 1992 and the Waste Management...

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: That is exactly the point. Licensing is a separate matter and falls under the two Acts I have mentioned. That is why it should not be mentioned within this Bill.

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

Darragh O'Brien: I understand that but, as I just said very clearly, the clear advice we got from the OPC in conjunction with the Attorney General's office was that it was not appropriate to include this in the Bill.

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

Darragh O'Brien: We can endeavour to provide a note on that. The legal codes need to stay separate. That was part of the advice we got. A permission is one thing and a licence is another. Is it appropriate to include a condition based on what would be included in a licence grant within a planning permission? We will get the Deputy further detail on that but that is the clear advice we got. I do not have...

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

Darragh O'Brien: Well-----

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

Darragh O'Brien: No, I did not say-----

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

Darragh O'Brien: May I come back in?

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

Darragh O'Brien: Perhaps I can help. There have been very few instances in which I have had to do that. What I am trying to do is to provide further clarity 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: I have the floor now. The reality is that a permission relates to the actual use. That is what planning permission is about. It considers the use for a building and that is clear. Emissions and matters relating, as I have detailed already in my answer, are a wholly separate matter. Permission relates to use and that is clear. If the Deputy wants a note on the issue, I will get him one...

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

Darragh O'Brien: I understand what Deputy Ó Broin has said. There may be instances where the Ministers of State have said they want to provide further clarity based on the questions that members have put forward. To be fair, that is in the interests of being open and trying to work through the legislation and to enable an understanding of where we are coming from in that respect. I have in perhaps one...