Results 841-860 of 4,726 for speaker:Malcolm Noonan
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)
Malcolm Noonan: Someone is always the occupier even in the event of a dispute. There is, therefore, still a responsibility there.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)
Malcolm Noonan: Is that the case if no one is occupying the site or the protected structure?
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)
Malcolm Noonan: Yes. The definition of "occupier" in section 2(a)(ii) is a person who "is entitled to the immediate use, enjoyment or control of the land". The person does not actually have to be physically occupying it.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)
Malcolm Noonan: There will always be an occupier, even in a legal dispute.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)
Malcolm Noonan: As I understand it, even under the circumstances where there is a dispute, both parties would still be served with a notice. The key component is regarding the registered owner.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)
Malcolm Noonan: I might reply on that point before Deputy Ó Snodaigh comes back in. Going back to the definition of "owner", the Bill provides: “owner” means— (a) in relation to land, a person, other than a mortgagee not in possession, who, whether in his or her own right or as trustee or agent for any other person, is entitled to receive the rack rent of the land or,...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)
Malcolm Noonan: I will come back to the Deputy on that, if that is okay. I am still not 100% sure myself.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)
Malcolm Noonan: That would be really useful for clarification for everybody. We will do that.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)
Malcolm Noonan: Yes.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)
Malcolm Noonan: If the Deputy wishes to speak to them all, he may.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)
Malcolm Noonan: I believe that amendments Nos. 982 and 984, tabled by Deputy Matthews, have merit with regard to the collation and accessibility of relevant information on planning authority websites and the availability of such information to the public. I have already proposed similar amendments to section 54 to ensure that if a record of protected structures is amended as part of the development plan...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)
Malcolm Noonan: We will cross-check it. I cannot accept amendment No. 985 as it is the role of the planning authority to issue declarations that works do not materially affect the character or structure of any element of that structure and not that of a conservation officer or a suitably qualified person. Deputy Matthews proposes in amendments Nos. 993 and 996 to replace “may” with...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)
Malcolm Noonan: Sure.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)
Malcolm Noonan: It is the conservation officer’s advice to the planning authority that informs the declarations.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)
Malcolm Noonan: Again, the Deputy is correct. A conservation officer or suitably qualified person would inform the planning authority and be part of the process of issuing declarations.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)
Malcolm Noonan: That would be the case within a local authority anyway so that is a given.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)
Malcolm Noonan: Is that all right with the Deputy?
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)
Malcolm Noonan: Amendments Nos. 993 and 996 propose to replace "may" with "shall" in relation to section 283 regarding urgent notice required for works to be carried out. I understand the intention to increase the impetus in such situations but it is important to carefully consider the use of the word "shall", which is legally binding, in instances where the planning authority has to determine an issue and...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)
Malcolm Noonan: Amendments Nos. 989, 990 and 991 are contradictory to section 281 (5) which already provides that the works may only be in compliance with the criteria. The corollary of subsection (5) is that failure to comply with the criteria would preclude the use of that subsection as a defence. It is really only for cases where a wall or a structure is about to collapse and urgent works are required...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)
Malcolm Noonan: The key words there are "temporarily safeguarding the structure". That does not absolve them of responsibility for the heritage and historic integrity of a structure or building. The work must be for the purposes of "temporarily safeguarding" and must be done in the context of the risks associated with not carrying out those works.