Results 5,821-5,840 of 14,943 for speaker:Eoin Ó Broin

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: Does Mr. Flynn think resources are more important?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: To go back to the issue of costs, and section 250, although it is only a general scheme head, this limits access to the scheme to non-compliance with national and European law. To what extent would this narrow cost-protection and cost-recovery perspective apply in the context of the Heather Hill judgment? I presume in the aftermath of that case there are many others that would be eligible...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: Until we see the scheme.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: If I can ask the question in another way, if we take residential developments that have been upheld under judicial review, it is often the case that they are not in breach of national law but of a city or county development plan.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: Here is a clear case where, in fact, in many of these judicial reviews the point of law at the centre of the contest was a divergence between national law and specific planning policy requirements, SPPRs, versus the development plan. If somebody were, therefore, to take a judicial review to uphold the development plan and then had it upheld, under the very limited wording of the proposed...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: Absolutely.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: To pick up that point, I have always been of the view that it is primarily a resourcing issue in the sense that both the length of time it takes the board to make decisions and the length of time it takes the courts to proceed is a function of the number of people who are working on those cases. There is obvious logic to that. I believe, however, that we should try to have a planning...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: I apologise for cutting across Mr. Flynn but should we really be looking at a timing matrix rather than a number? I take the point about timelines in primary legislation. There might be an argument for the legislation setting out a mechanism by which timelines are determined or for a timeline matrix to be agreed and then reviewed. What we do not want is a set of timelines that simply does...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: To be clear, our conversations with the Department have had to do with resources for the planning authorities because resources for the Judiciary are ultimately a matter for the Department of Justice. However, even that is an issue because the Department of Housing, Local Government and Heritage is proposing a set of changes that will also impact on the operation of the courts but that...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: Is there a representativeness condition, as opposed to a material impact condition, in any of those other jurisdictions? Does a group of residents have to demonstrate that it represents 50% plus one of the residents in a certain area?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: Grounds.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: I apologise. Perhaps I did not explain the question properly. We had a previous discussion with Senator Seery Kearney on the issue of Departments and officials often saying that a particular group of people taking a judicial review against a development is not representative of the community from which they emanate. Nowhere is it a requirement under law for a group to be representative....

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: It sounds like a stupid question but it is important to establish that representativeness is currently not actually a legal requirement.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: Exactly.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: There is a reason I am asking this question. Again, getting the explanatory memorandum would be helpful, but many of us who have been involved in many of the recent and controversial changes to our planning system, that then led to significant increases in the number of judicial reviews of residential developments, are looking at aspects of this proposed Bill to see if they are an attempt by...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: The members of a group might be a minority interest within their community. However, as long as they meet all of the other criteria to hold legal standing, that does not matter.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: In her submission, Ms Minch says that she is looking at six other areas of the Bill. I invite her to tell us what the view or views of the members of her committee are on any or all of those areas at this preliminary stage. We have a fair amount of time and I believe the Chair would be interested in hearing those views as well.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Eoin Ó Broin: Would Ms Minch like to briefly run through those areas?