Results 6,201-6,220 of 15,009 for speaker:Eoin Ó Broin

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: We are just talking about the process.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: It is not a question of the granting of leave but of sum-up after the leave is granted.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: Who decides? "Vexatious" and "frivolous" are not legal terms.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: I refer to that facility for correcting errors in fact and law to allow the decision to grant and proceed. Was analysis done on how many such cases there were?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: How often does it come up or how regular is it? I presume that the issue is that a judicial review is taken on the basis that when a decision is granted, there clearly is some error of fact or law in the decision and the presence of that error of fact or law in the decision allows the decision to be struck out to the conclusion of the judicial review. On the other hand. when this facility...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: I appreciate how Mr. Hogan just threw out the traffic survey and he might regret that. In the cases we know of and without naming any cases, what are the kinds of things that come out as errors of fact or law? The witnesses must have a sense of that.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: Another way of putting it is that it has to do with removing the legal grounds on which a judicial review is taken. As was said, while the correction of the error of fact or law does not materially change the decision, it materially changes the grounds upon which a judicial review may be taken. Is that the case?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: I am not arguing for or against. I want to understand this.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: Sometimes it is to amend the decision, as in the case of O'Devaney Gardens and the Bartra judicial review, JR.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: Mr. Ryan used the word "clarify". That could mean that while the overall decision might not be changed, some of the conditions relating to it could be changed as a result of the correction.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: I understand that. One of the most significant examples of this - the case is now concluded so we can comment on it - is the decision of Bartra to judicially review the decision of An Bord Pleanála on O'Devaney Gardens, where an attempt was made by the board to apply a condition on the sale of units that was not in line with Government legislation. That was something to be corrected by...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: What about cost protection?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: A change is proposed to clarify the ambiguity.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: I have two final questions on the JR stuff and then wish to move to other areas. My understanding was that in August of last year the barrister group and senior counsel group advising the Attorney General made a submission to the Department on the JR elements of the legislation. Obviously, the witnesses will not share the detail of that with us, so that would be great if it was published....

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: Is it the Department’s intention to publish that documentation if that was something the committee wanted to see for its pre-legislative scrutiny deliberations?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: It is actually legal advice to the Attorney General so it is privileged. On compliance with the Aarhus Convention and various EU directives, particularly environmental ones, we spent much time when we did substitute consent and all of those things kind of bemoaning the fact that at various stages either our transposition of or compliance with international or EU, particularly...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: I apologise for cutting across Ms Jones. The question is probably more specific. In the same way as the Attorney General’s barrister group gave legal advice on the JR stuff, was legal advice or legal opinion on the Bill’s compliance either with the Aarhus Convention or key EU environmental directives sought or secured during the review process?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: "They" being the group of barristers who were providing the legal advice.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: There was no specific legal advice in respect of compliance.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)

Eoin Ó Broin: It is such a big Bill that it would be a shame if we did not at least touch on some of the other key aspects of it. I will rattle through a few questions if the officials could give us whatever information they have. I will ask a final questions about the transition from the section 28 special planning policy requirements in the ministerial guidelines to the policy statements. What is the...