Results 7,001-7,020 of 28,221 for speaker:Darragh O'Brien

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I move amendment No. 717: In page 256, line 34, to delete “referred to in this section as “the CRU” ” and substitute “in this section referred to as the “CRU” ”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Yes, I did.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: The explanatory memorandum might be helpful. On page 44, it states: This section sets out the additional procedures for the making of applications for retrospective consent under Chapter 4. Retrospective consent, as defined in section 79, is permission for retention granted in respect of development or part of development already carried out or being carried out in respect of which an EIA...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: It is substitute consent.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: The first stage is to deal with the substitute consent piece. What follows thereafter is the retrospective consent or the development itself, the new development.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Under section 128(4), where an applicant for retrospective consent also-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Section 128(4) states that where an applicant for retrospective consent also applies for permission for development, the commission "shall not grant permission for that development unless it also grants the retrospective consent".

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Yes. The substitute consent piece would have to be dealt with first, effectively, because the other would fall if that falls.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Section 128(2) states: Before deciding whether to grant retrospective consent under section 121, the Commission shall, in addition to consideration of the matters to which it is required to have regard pursuant to this Act, also consider the significant effects on the environment, or on a European site, that have occurred, are occurring or could reasonably be expected to occur by reason of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Exactly.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Pardon me?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: In relation to remediation or restitution, or whatever phrase is used, that would be detailed in the enforcement notice itself. That is the function of it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: It would have to be done on a case-by-case basis in relation to what this specific enforcement notice related to. I am not going to use Derrybrien as an example but it would be determined on a case-by-case basis as to what restitution or remediation is required and it would then be assessed as to what is appropriate to the given site. Is the Deputy asking what the detail, scope or...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: I think it is a planning decision.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: It is all set out actually in section 130, which deals with "Refusal of retrospective consent: direction by Commission to take remedial measures".

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Section 130(4) relates to draft direction.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Darragh O'Brien: Exactly, and the proper expertise would be there because it could be of national importance.