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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: ...under section 47 of the Act of 2000 or section 38 of the Local Government (Planning and Development) Act 1963 that was— (a) made for the purpose of restricting or regulating the development of land, and (b) in force immediately before the repeal of the said section 47 by section 6, shall, on and after that repeal, be deemed to be an agreement made under this section, and...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: ...of any structure" by also requiring the “restoration” of such a structure. The function of this section is to remove or discontinue a use or structure. The level and requirement to restore land on foot of a notice under this section is one that should be made on a case-by-case basis. I am happy that given the function of this section, which is a serious and exceptional...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: ...and seek to bring clarity to the provisions as drafted. They relate to section 236 of the Bill, which sets out provisions consequential on a notice requiring the discontinuance of works or use of land; the removal or alteration of a structure; or works or use of land to be subject to conditions. This amendment merely splits section 236(3) into two separate subsections for increased...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: ...(1) by including a reference to "its cultural importance to the community or to the nation". Amendment No. 930 seeks to amend section 242(2), which sets out the reasons for the Minister to declare land to be an amenity, by including a reference to "its cultural importance to the community or to the nation". The two amendments have been submitted by my colleague, Deputy Ó Snodaigh.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: Amendment No. 940 seeks to insert a new provision allowing land to be declared access land and sets out the procedures for same. This amendment would introduce significant changes to the right of access to lands. This is not the function of the planning system. It would introduce significant legal issues relating to land ownership and consequent liability considerations, notwithstanding...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: I have two questions to seek clarification. The Land Registry, under the auspices of Tailte Éireann, is where the registration happens. Maybe the Minister of State can outline how a new right of way is created. Who has that function? Many of us have experience of the extinguishing of rights of way, which is a function of local authorities. If somebody wanted to create a new right of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Ossian Smyth: ...245. Section 244 is on the creation of rights of way by agreement and section 245 is on the creation of rights of way through compulsory purchase. The local authority cannot point to a piece of land that is privately owned and announce that, from then on, it is going to be a right away. It does not have that power. If there is an established and long-standing right away, it can...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: So it is a function of local authorities, not Tailte Éireann or the Land Registry.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Malcolm Noonan: ...Part V of the Planning and Development Bill 1999 to the Supreme Court for a decision on its compatibility with the Constitution. The court considered whether Part V restricted the rights of landowners and in its decision applied a test of proportionality when considering whether Part V restricted the rights of landowners. The test of proportionality is an approach generally taken by the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Cian O'Callaghan: I thank the Chair. Amendment No. 906 is standalone, and inserts, on page 405, the following wording: A Housing Strategy shall include— (a) an estimate of the amount of land that the local authority will need to acquire through compulsory purchase orders or other means to meet future housing needs as estimated in the housing strategy and to ensure that land is available at...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: ...because the Minister of State seems to suggest that the ground on which he is not willing to accept the amendment is that the function is that of another agency, namely Tailte Éireann. The Land Registry, in Tailte Éireann, is just where you register. It holds the register. The amendment proposes that, in working to establish rights of way, a local authority would have to use...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Paul McAuliffe: ...If established rights of way that have been subjected to the local authority process and registered with Tailte Éireann are frustrated, what is the mechanism to vindicate them? For example, if a landowner prevents people from crossing his land, who is responsible for vindicating the right of way? If we are saying it requires a legal process that rests on the individual, for example,...