Results 7,021-7,040 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: Yes. The reason for getting that information is something we discussed a few weeks ago. For argument’s sake, let us say the Minister of the day is informed that a number of these are happening. That could flag a procedural issue or a resource issue within the board. The Minister would then get the OPR to conduct a review of what is happening and see what the reasons for this are.

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

Darragh O'Brien: It is for the appeals as well, so it could go straight in as for the appeals. However, bar that, it is the only place.

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

Darragh O'Brien: It could be.

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

Darragh O'Brien: Further down, on page 261, it states: A draft direction served under subsection (1) shall require the person on whom the draft direction is served— (a) to take the remedial measures specified in the draft direction, (b) to keep records of the remedial measures being carried out in accordance with the draft direction,

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

Darragh O'Brien: It is on page 261.

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

Darragh O'Brien: It is paragraphs (a) to (e) of section 130(4). That is the purpose of the enforcement notice. It is legal enforcement. The Deputy may wish to have a look at that first. He will see it is detailed very clearly. Then it further provides that if land or a maritime site has been refused retrospective consent it is an unauthorised consent and cannot be subject to any further application for...

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

Darragh O'Brien: No, I think it is on a case-by-case basis using the expert advice they have within the planning authority. It could be with regard to biodiversity loss. Section 130(1) states "Where the Commission decides under ... [this section] to refuse to grant retrospective consent, it may serve a draft direction on the applicant concerned requiring the applicant to cease all activities ...". It then...

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

Darragh O'Brien: That is a standard provision and it is effectively statute-barred after seven years.

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

Darragh O'Brien: We are jumping all over the Bill here, but section 320 deals with time limits on enforcement. The Deputy will see it is a common provision across the board, so I do not understand what he is asking.

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

Darragh O'Brien: Yes. It is right it is stated there as well.

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

Darragh O'Brien: I get the Deputy's point.

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

Darragh O'Brien: The Deputy is asking why is it specifically related to quarry development and peat extraction.

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

Darragh O'Brien: I think I have answer, but the Deputy should go ahead.

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

Darragh O'Brien: You never know.

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

Darragh O'Brien: To be fair, we might have all been reading it the wrong way around on this.

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

Darragh O'Brien: We need to go back to section 320(3) and the reference to unauthorised quarry development or unauthorised peat extraction development. The subsection states: Notwithstanding subsection (1), enforcement action may be commenced at any time in respect of unauthorised quarry development or unauthorised peat extraction development in any of the following circumstances: (a) where no permission...

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

Darragh O'Brien: It means a person can take enforcement action without seeking remedial measures as well.

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

Darragh O'Brien: Which I have said.

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

Darragh O'Brien: No, it is not that people are not allowed. Let me just check that, because we have agreed they can go past that for quarries and peat. The Deputy is referring to the passage that states "A direction or draft direction under this section shall not require the taking of remedial measures in relation to a development ...".

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

Darragh O'Brien: I get the point. We are agreed on going past seven years. Going back to 2005, would a quarry that had been stopped be remediated back up to what it was in 2004 if it goes back to that? You add in 15 years of unauthorised quarrying and an enforcement notice issued. You have stopped that, it is an unauthorised development and you have been able to take enforcement action. Remediation or...