Results 541-560 of 13,848 for speaker:Eoin Ó Broin

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: Nothing has changed from what is currently in the 2000 Act, as revised, or the Planning and Development (Large Scale Residential Developments) Act 2001.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: Effectively no or no?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: So it is not that that category of development is not captured under the current Act; it is just the language used to describe it that is different.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: Okay, that is fine. I thank the Minister of State.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: I support the amendment. Let us give the Minister of State some real-life cases. There is an infamous residential developer in the city and county of Dublin.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: Real life cases. There are both life and live cases, which are serious. There is a well-known residential developer in the Dublin region, who, in 2017 acquired a former Ben Dunne gym on the Coldcut Road in north Clondalkin. Despite having planning permission to retrofit it into approximately 30 apartments, the developer proceeded to retrofit into 48 apartments, without any planning...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: Exactly. I want to deal with them separately.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: My understanding is that this section is broadly the same as the existing provisions. Was any assessment done when a decision was being made to simply replicate the existing provisions? Was there any assessment of whether the existing provisions were a useful tool in addressing the issue of developers securing future planning permissions where they have not complied with previous ones?...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: It is fine for the Minister of State to say that he does not support bad actors, and of course he does not. However, if the Government does not give the local authorities the tools to adequately enforce and weed out the bad actors, it amounts to the same thing. I have given the Minister of State a current example of a developer who has a building, fully occupied since 2018, with no planning...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: I want to clarify that my question was not about whether it was reviewed by the Attorney General. Of course, it was. My question was a more specific one. When deciding on a policy rather than a legal point of view to simply transpose the existing provisions into the new Act, was any review done of how these provisions operated? Did anybody ask the CCMA, the LGMA or the Irish Planning...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: Is there a record of that for those of us who like using FOI?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: One of the big weaknesses with this entire section is that when we look at the start of section 160, it talks about: "When considering any application for permission under this Part, where the planning authority or the Commission is satisfied that a person to whom this section applies" but of course "a person" is not a person in the ordinary sense of the term but rather as set out in section...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: With respect, I do not think the point the Minister of State made about section 160(10)(d) addresses my question. As I read it, the reference there is almost like a parent company and the individuals involved in it set up subsidiary companies, again using designated activity companies. Therefore, clearly, that is the case if a parent company can be shown either to be related to the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: With the greatest respect, again, that is not the circumstance I am outlining. I am talking instances where directors dissolve companies and create new ones, not where they are shadow directors of existing companies. This is not a novel issue; it is a persistent problem within our building system. Is the Minister of State categorically stating-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: Is he categorically stating-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: With the greatest respect, this section is meant to ensure that if individuals or companies that have received planning permission breach the terms of the latter, a local authority will have the power to try to prevent them from getting planning permission in future. What I am trying to get is a very clear answer to the question as to whether this covers directors who will use a DAC,...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: It does not cover it. The only reason I raise that is because it is the most common way for a certain category of rogue developer to operate. Thankfully, such developers are small in number. However, there was a time when there was a much larger number of them. This is one of the most commonly used procedures for getting around these difficulties. I would have thought if there had been a...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: This seems to be the most glaring omission from the reworking of section 160. All I ask is that the matter be reconsidered by the officials. There has to be a way of tracking the individuals from company to company and ensuring that local authorities are able to apply the provisions of section 160 to individuals when they move through companies as opposed to within a company or through a...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: Yes, it is agreed but with grave reservations.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Apr 2024)

Eoin Ó Broin: In some senses, I understand the logic of the section, which is that when somebody puts in an application to a planning authority or submits an appeal and it is subject to an application for judicial review, we do not want to slow the process down so a decision on the planning application and-or the appeal can be made. Obviously, the planning application cannot be activated until the...