Results 7,181-7,200 of 28,221 for speaker:Darragh O'Brien

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: -----that for the development of an area, a facility or whatever that may be, it gives the ability for the executive to bring forward a resolution that would be voted on by members and accepted or rejected.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: It could be any planning application. It would have to obviously be a planning application that is of such import that, let us say, a planning authority says it believes the application should be granted for whatever reasons, but then it has to show that in granting that application the proposed development is consistent with the provisions of the national planning framework, national...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: It could, yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: It would not be the individual, that is, the applicant, it would obviously be the planning authority.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: The other element to that is it would have to be brought forward by resolution and acceptance of that resolution.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: Yes, exactly. It could be a development, a piece of infrastructure or whatever that is. The development plan is passed and it is done. It has gone through the OPR and the process. This gives the ability for the planning authority or the executive to bring forward a resolution on foot of an application that is made. I see this arising potentially in very limited circumstances as the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: I would say it will be rarely used but it could be an application a local authority or planning authority wants in its given area. The zoning currently in place, for argument's sake, would not permit, potentially, that development itself but the executive of the local authority could deem it to be of such importance - this is just an example - that it believes it should be granted. You...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: I get the point. If the Deputy looks at paragraph (c) he will see what the process is. That states "The chief executive shall, within such period as may be prescribed, prepare, and submit to the members of the planning authority"-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: It is on page 216. It is section 96(4)(c). That details the process. I am just giving the example this could be for a structure or further piece of infrastructure that may not be permitted in principle under an existing development plan or part of a development. Then the local authority believes it of such import that it and the chief executive bring forward a report: ... stating the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: Yes, that is covered in subsection (6) on page 217. The support of three quarters of the members is required.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: Yes, exactly and that is why it is not a rezoning.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: It is not changing the future use of the land that might be adjacent to it or other lands within an area.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: First, the public participation process is not optional. Under subsection (3) the planning authority "shall give notice", meaning it is not optional.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: I am going to explain that now.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: That will be prescribed in regulation. It will be set down in regulation but the authority must do it, unquestionably. It is not for the authority to decide if this is something it will do. It will be set out in the regulations.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: Yes, absolutely and we reference submissions in subsections (3) and (4) as well. The chief executive "shall have regard to" submissions when preparing his or her report. That public consultation process is there, as well as consultation with other prescribed persons. That will be covered in the regulations. Let us say it was a development within a community. That would be published and...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: To answer the question directly, this is a material contravention. That is what this is. A resolution goes forward and it is the decision on the development.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Darragh O'Brien: Yes, it is because it was not zoned for it, but the authority is not changing the zoning. Subsections (7)(a), (b) and (c) outline what the planning authority shall do once the material contravention decision has been passed. It is a decision.