Results 5,641-5,660 of 26,666 for speaker:Darragh O'Brien

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: Yes, absolutely and we reference submissions in subsections (3) and (4) as well. The chief executive "shall have regard to" submissions when preparing his or her report. That public consultation process is there, as well as consultation with other prescribed persons. That will be covered in the regulations. Let us say it was a development within a community. That would be published and...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: To answer the question directly, this is a material contravention. That is what this is. A resolution goes forward and it is the decision on the development.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: Yes, it is because it was not zoned for it, but the authority is not changing the zoning. Subsections (7)(a), (b) and (c) outline what the planning authority shall do once the material contravention decision has been passed. It is a decision.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: Material contravention exists right now. This is not new. We had a good discussion yesterday about the role of local authorities and the input of local authority members. In other jurisdictions, the elected members make all of the planning decisions at planning meetings but that is not what this is. This sets a very high bar because it requires the approval of three quarters of the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: We had a good discussion on that yesterday, including why that is important in the context of consistency. This must meet very stringent criteria right the way through the process. Obviously the rationale for it must be brought forward by the executive and it must be agreed by three quarters of the members after a public consultation process has taken place. As I said earlier, one would...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: Material contravention exists now and this is just an updated process.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: These are minor amendments of a purely technical and drafting nature and amend the layout of the sections by changing the text from being presented as two separate paragraphs (b) and (c) to being presented as two subparagraphs under a single paragraph (b). They relate to sections 97 and 108 relating to the notification of a decision on a planning application or appeal and the requirement...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: This is one we had started to address-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: Amendment No. 682 relates to section 106 of the Bill, as the Deputy has said. He proposes to delete subsection (7), which provides that the commission cannot grant permission on appeal for a development that is not substantially the same as the development that was proposed to the planning authority and was subject to appeal. That is on page 230 of the Bill. This is an important provision...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: They determine the appeal first. The appeal could be substantially different from the original application on foot of looking at the decision that was granted. Let us say an initial application goes in. The planning authority makes a decision and gives a refusal on a number of different grounds, and the different grounds are then addressed by way of the appeal-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: -----with additional information from the applicant. That differentiates between a direct application and an appeal. The appeal may be substantially different from the original application because it tries to deal with the reasons for its refusal.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: The actual physical proposal of the planning application.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: Yes. I am told that it does.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: This, I suppose, relates to someone trying to address the reasons for the appeal. This provision, in my view and in our view in the Department, actually strengthens the role of the planning authority-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: It could be, or it could be the location of certain developments within a particular site design or that type of thing, depending on what the original decision was. Effectively, we want to guard against it being de facto a wholly different application.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: Yes.