Results 5,741-5,760 of 26,666 for speaker:Darragh O'Brien

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: I have not responded to Deputy Matthews. Deputy Gould has indicated on this point. I might come in on the points raised by colleagues, and we can then deal with Deputy-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: I refer to section 65(4). It states: Before issuing an urgent direction, the Minister shall— (a) consult the Office of the Planning Regulator, In response to Deputy O'Callaghan's point and maybe Deputy Ó Broin's also, this is not initiated by the OPR. This is not an extra thing we are asking the OPR to do. Regarding section 65(4), requiring the Minister to consult, I...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: I was trying to give-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: Say for argument's sake it is five local authorities, for example, coastal local authorities in the north east or the north west. One would have to look at how the local authorities are grouped there in that regard and what level of consultation would be there with regard to affected counties. As I said to the Deputy, in trying to be constructive on this and taking the main purpose of the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: I am because as I said already - the Deputy may not have heard me or misheard me - that one cannot read section 65(1)(a) in isolation. It is paragraph (a) and paragraph (b). This section applies "where the Minister is satisfied that-----" the provisions in paragraph (a) and paragraph (b) and paragraph (c) are met. It is not the provision in paragraph (a) in isolation. One cannot read that...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: When the Deputy reads them together-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: To be helpful, on page 29 of the explanatory memorandum it clearly states "This section is a new provision that empowers the Minister [and this is important] with the approval of the Government, to issue an urgent direction to the chief executive of a planning authority to amend the development plan within a specified period for the purpose of making provision for, or in connection with, a...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: The Deputy asked me the question.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: As I have said-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: Deputy O'Callaghan is saying that on the basis of-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: I respectfully disagree with the Deputy's interpretation. The section clearly sets out that it applies where the Minister is satisfied in the case of "an event or situation". Section 65(1)(b) refers to circumstances in which "it is necessary for the Government to take action as a matter of urgency". For the sake of everyone else who is listening, so we are not just repeating ourselves, I...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: No, I am not. However, I will come back on Report Stage on the suggestion regarding pre-consultation, for want of a better word, with local elected members, as put forward by Deputy O'Callaghan.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: I take the Deputy's point. Section 62(3) suspends the operation of the identified provision. Section 62(4) precludes the making of a decision if materially affected by the provisions of the direction. Provision is made for the suspension of the statutory timeline. The wording as set out in the subsection is clear in this regard in its specification that "A planning authority or the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: Is the Deputy asking who would make that assessment?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: The phraseology "deemed to be minor" is standard phraseology that is used throughout existing legislation. That assessment would be made by the Minister's officials. The Deputy is seeking to insert the phrase "having been assessed and reported on".

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: I assure the Deputy it will be. I am happy to look at that wording, but it will be assessed. I will have to talk with officials, but if it is going to be assessed and will always be assessed, the question is why we would not state it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: I get the point the Deputy is making.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: Yes. It will be carried out by the Department.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: It will be. For the purposes of amendment No. 573, we will look to add that wording on Report Stage.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Darragh O'Brien: I move amendment No. 514: In page 148, to delete lines 14 to 16 and substitute the following: “(v) where the planning authority is a coastal planning authority, the Maritime Area Regulatory Authority, (vi) the Commission, (vii) the National Transport Authority, and (viii) any other body, as the Office of the Planning Regulator considers appropriate.”.