Results 5,481-5,500 of 26,666 for speaker:Darragh O'Brien

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: We need to go back to section 320(3) and the reference to unauthorised quarry development or unauthorised peat extraction development. The subsection states: Notwithstanding subsection (1), enforcement action may be commenced at any time in respect of unauthorised quarry development or unauthorised peat extraction development in any of the following circumstances: (a) where no permission...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: It means a person can take enforcement action without seeking remedial measures as well.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Which I have said.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: No, it is not that people are not allowed. Let me just check that, because we have agreed they can go past that for quarries and peat. The Deputy is referring to the passage that states "A direction or draft direction under this section shall not require the taking of remedial measures in relation to a development ...".

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I get the point. We are agreed on going past seven years. Going back to 2005, would a quarry that had been stopped be remediated back up to what it was in 2004 if it goes back to that? You add in 15 years of unauthorised quarrying and an enforcement notice issued. You have stopped that, it is an unauthorised development and you have been able to take enforcement action. Remediation or...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: On that point-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: There are two things to consider. The enforcement notice itself should detail what actions need to be taken with regard to a site. That is the first thing. The legislation guides that. Regarding section 130(8), I take the point that has been raised because it looks like we are giving an exception in that piece, which is not its intention because the enforcement notice will detail what...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Remedial measures will be in the enforcement notice.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: On foot of this discussion, I need to get absolute clarity on that piece. The enforcement notice is very clear. That is the legal enforcement that is being taken about what works need to be done to restore or remediate a site. That is covered and we have dealt with that. Regarding how that interacts with section 130(8), which relates to the direction by the commission to take remedial...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: We will look at it. I do not believe there will be a conflict by the time we will have gone through it. Section 131(3) states: Where the Commission decides under section 121 to refuse to grant retrospective consent (other than on the basis that retrospective consent is not required) the development concerned shall, notwithstanding any other provision in this Act, be deemed to be...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Then the person falls into section 320 and one is going back further than seven years. That provision is very strong and clear that one can go past the seven years, particularly for those two activities: quarrying and-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Remediation is included in the enforcement notice under section 317(2)(d).

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: On this point, from us going through this I am sure that it will not be the case that this would be an exception. We will go back and look at this piece and will come forward with an explanatory note on this.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: For absolute clarity, one can go past the seven years and that is very important for those two particular measures and it is very important that that is set down in primary legislation. This is a very serious issue, unquestionably. All of us are aware of cases, particularly on illegal quarrying and peat extraction. I am more than content that within the Bill, as is presented, that it would...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Section 131(3) requires one there on the time limit for enforcement notices.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Is that under section 320? We have just said that where under section 320, one can take an enforcement action post the seven years for these two activities and it is very clear on that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: What we all want is here, and if there is a clarity required, I will get a clarification on this. We will then come back and if we need to strengthen or change subsection (8) we will do that. I think that reading them in isolation can give a different view of it. The enforcement notice is key in this. The time periods on these two activities go past the statute bar and the seven years, as...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Absolutely, and if needs be, we will come back to it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: The discussion has been useful in moving that through.

Written Answers — Department of Housing, Planning, and Local Government: Housing Provision (10 Apr 2024)

Darragh O'Brien: The figures provided in reply to Parliamentary Question no. 656 of 20 March 2024 account for all properties secured under Leasing that are supported under the Social Housing Current Expenditure Programme (SHCEP). Of the total figure of 12,398 properties supported by SHCEP at the end of Q3 2023, 3,911 properties are secured under payment and availability agreements. SHCEP, in addition to...