Results 6,281-6,300 of 26,666 for speaker:Darragh O'Brien

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: We are going to work on section 10, as we discussed already, with regard to third-party interactions. That just goes forward from the enactment of this legislation. When enacted, the legislation will apply to any new applications. Should such applications go forward to court, that will happen in the context of the provisions of this Bill. There is no retrospection in respect of this matter.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: I do. Prior to this, we had a discussion on section 10-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: -----and how the third-party interaction will work in that context. We have committed to looking at that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: No, I have given the Deputy an example of my thoughts around the third-party piece, not what he is saying.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: Whatever change happens there would have to be reflected, one would have thought, in this section in the context of the operation of the declarations and how they would be treated vis-à-vis third parties.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: Is the Deputy referring to what the position would be if the Bill was passed as it is right now?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: No.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: It is the same declaration.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: I will have to check that. There is relevance in what I said earlier insofar as how third parties will interact on section 10. As I said, I would expect that when we make changes there, they will have to flow into a change in this section.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: I would absolutely think that it would have to because section 11 deals with the application obviously so it would have to.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: If someone is relying on section 10, then why would they be in court. We will have to look at this on the basis of any changes that are made in section 10 and how that would interact with this section. I understand the point the Deputy is making. He is looking at that, as it is there, in isolation of any changes that would be made in respect of third parties.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: The start of section 11 reads, "A relevant declaration shall be conclusive evidence of the matters stated therein in relevant proceedings brought by an enforcement authority". That is the planning authority or another enforcement authority, such as the EPA. That is where this starts.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: You are not party to it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: We probably should have gone back a few minutes. This section is looking at proceedings brought by an enforcement authority. You are not party to it as an individual. If you wanted to take a case and had a copy of that declaration, you would expect you would not be party to that case but would be taking a case with other evidence. This relates to an enforcement authority. We are talking...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: I would not think so. The enforcement authority would be taking the case. Let us say you have made your complaint and it has gone to the enforcement authority. It has assessed it and believes it needs to take action in the court. That would be part of the evidence submitted by the planning enforcement authority to the court.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: It is my fault too because we jumped ahead of this. This relates to the enforcement authority. MARA or any enforcement agency taking a case will submit the evidence it has. I would expect that would also be the details submitted in the original complaint, if they are relevant to the case.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: Yes.