Results 841-860 of 4,716 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: 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.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: The wording refers to the balance of probabilities in any proceedings for an offence under subsection (4). There have been cases in the courts where a judge has ordered a structure to be put back in full or for elements of the structure to be reinstated. Section 284, which relates to notices to require restoration of character of protected structures and structures in architectural...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: It has been, unfortunately.

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: Yes, it is down to the local authority to ensure these matters are followed up and the works are carried out, building by building.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: No.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: I cannot accept amendment No. 1004 to section 300(7), as section 300(3) already clarifies this is a function of the planning authority. The municipal districts are not the planning authorities; they are effectively committees of council. It is a reserved function of the main plenary of local authority. I appreciate the point the Deputy is making on the lowest possible level and I...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: That is it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: That, again, has to be made by the planning authority, yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: That is exactly it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Malcolm Noonan: I move amendment No. 458: In page 120, line 24, after “notice” to insert “under subparagraphs (I) and (III)”.