Results 6,341-6,360 of 26,666 for speaker:Darragh O'Brien

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: The Deputy knows this, given that he drafted the amendment, but if he looks at page 38 and section 4(3) on orders and regulations, he will see it reads, “The Minister shall, before making regulations under this Act, consult with any State authority in which functions vest that he or she considers are connected with the matters to which the proposed regulations relate.”

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: Understood. Sorry. Go ahead, Deputy.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: In terms of the regulations, the Minister of State said that, although they will be withdrawn, we would look at amendments Nos. 58 and 59 in the round and see whether we can strengthen the provisions. I appreciate Deputy O’Callaghan’s point that his amendment does not put an absolute onus on the Minister of the time and instead allows the Minister to decide whether he or she...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: Under Deputy O'Callaghan's amendment, the Minister may not do it anyway.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: As we discussed last week, the advantage with regulations is that we can see how things are working and they can be changed. Even if I were to accept the amendment, which I will not, it would not put the onus on the Minister. It is effectively a statement. Any Minister could decide not to consult, although I do not see that happening. I will take on board the points raised and see...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: In respect of amendment No. 52, I assure members we will look at that and work with them on the regulations in that regard. In respect of amendment No. 56, exemptions are not retrospective, so if an unauthorised development is carried out and that development becomes a type of exempted development after it has been carried out, that will not make the development authorised. The test as to...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: We can have this discussion again. I am listening to the Deputy.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: The original development, however, will still be unauthorised. If someone carried out something that was defined in regulations as an exempted development or an addition to an unauthorised development, the original development will still be unauthorised.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: It will still be unauthorised, but if the period has elapsed, it will be statute barred. I get the point the Deputy is making. The original development will still be unauthorised, but as for whether someone could still take an action, I would have to check that out.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: The original barn or outbuilding that is built without permission and unauthorised will always remain unauthorised, for the future sale of it and so on. If the period has elapsed, it will become statute barred. The Deputy's question is whether, if someone were to build an extension to that unauthorised building, that additional development would be exempted. I do not think it would be, but...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: I move amendment No. 50: In page 40, line 23, to delete “subsection (1) of”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: I understand the point Deputy Ó Broin is making. He mentioned Moore Street as an example. I know it well. Deputy Ó Broin is seeking to add text similar to that in section 9. While the setting would generally be taken into account it should not be a restriction. For example, a development could be in the grounds of a protected structure and we have seen many of these in many of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: I understand the point well, and I understand Moore Street as an example. I assume we are not using Moore Street as a mechanism to change the Bill. It and the battlefield site are very important. I know the area well and I know the history of it very well also, as I am sure all Deputies here do. With regard to the definition, while we could say it is the alleyways in this example for many...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: It will still be unauthorised, however. To conclude my point, it will still be unauthorised because it was unauthorised under the law that was in place at the time, and any changes will not make it authorised. I reiterate that the exemptions are not retrospective. If an unauthorised development is carried out, that development will become a type of exempted development after it has been...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: I have said what needs to be said from our perspective. I understand the objective. It may be unhelpful to use a specific site as an example. In Moore Street, there have been many changes since the Rising, many of which people would not have welcomed. What can be retained now that was relevant in 1916, or prior to that with the original buildings, which are of architectural merit as well?...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: Amendment No. 593 is Deputy McAuliffe's amendment.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: Amendments Nos. 593 and 594, which I will discuss together, if that is okay, seek to amend the same line of the Bill, which is section 83(1). Amendment No. 593 seeks to provide that when making a decision on a planning application, the planning authority or the commission shall be restricted to considering the proper planning and sustainable development of the area, with regard being had to...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: While the Bill, as initiated, makes reference to the climate action plan and other environmental considerations, I see the merit of examining the intent of this amendment, particularly to ensure the language in the Bill reflects fully the Department's commitment to the Government's climate objectives. Obviously, we must maintain the capacity of the planning system to effectively and...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Darragh O'Brien: Amendment No. 593 is not moved because Deputy McAuliffe was not here. Does that fall? Apologies, it is just being discussed.