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Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021 [Seanad]: Second Stage (Resumed) (1 Dec 2021)

Eoin Ó Broin: The strategic housing developments were probably one of the worst changes to our planning regime for many decades. It is not the only bad change made by the previous Government and other Deputies have correctly identified the section 28 mandatory ministerial guidelines and there are also key aspects of the national planning framework that are continuing to cause us significant problems. ...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Eoin Ó Broin: One of the issues is areas where there have been conflicts between ministerial guidelines and city and county development plans, which we will come to later as well in the context of other amendments. Is there a potential here that if the 70% was to be varied, it could find itself in conflict with a city or county development plan's retail or enterprise strategy? In such conflicts, which...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Eoin Ó Broin: Yes. One of the issues that has arisen is the very significant increase in judicial reviews of decisions by the board with respect to SHDs. A large number of those judicial reviews have been won. In 90% of the cases that were won, the developer materially contravened the city or county development plan and the board approved that permission. The cause of that conflict was not so much the...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Eoin Ó Broin: My amendment does not rule out in all circumstances consideration of planning applications where such applications include material contraventions of the development plan. It asserts what is already in the Planning and Development Act, as amended, that is, that such requests to materially contravene development plans should only be made in exceptional circumstances. It goes on to say that,...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Eoin Ó Broin: The Planning and Development Act already includes a general exceptional circumstances test with regard to material contraventions in planning applications. The problem is, as we saw with the SHD process - and this speaks to Deputy Duffy's point - a much higher number of material contraventions were sought, granted and then overturned in the courts. If a local authority planning department...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Eoin Ó Broin: I move amendment No. 6: In page 4, between lines 36 and 37, to insert the following: “Amendment of section 28 (Ministerial guidelines) of Principal Act 3.Section 28 of the Principal Act (as amended by section 20 of the Planning and Development (Amendment) Act 2018) is amended by the deletion of subsection (1C).”. We have just come from the remaining Second Stage debate...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Eoin Ó Broin: First, to respond to the Minister and to Deputy McAuliffe, in my view, this is exactly the place where this discussion should be happening. The reason I say that is because the strategic housing development planning process and the section 28 ministerial guidelines on heights and design standards are a package and it is the interaction of that package that has caused so much conflict and led...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Eoin Ó Broin: I move amendment No. 7: In page 4, between lines 36 and 37, to insert the following: “Amendment of section 28 (Ministerial guidelines) of Principal Act 3. Section 28 of the Principal Act (as amended by section 20 of the Planning and Development (Amendment) Act 2018) is amended by the insertion of following subsection after subsection (1C): “(1D) The Build to Rent and...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Eoin Ó Broin: I move amendment No. 8: In page 4, between lines 36 and 37, to insert the following: "Amendment of section 28 (Ministerial guidelines) of Principal Act 3. Section 28 of the Principal Act (as amended by section 20 of the Planning and Development (Amendment) Act 2018) is amended by the insertion of following subsection after subsection (1C): "(1D) The Urban Development and Building...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Eoin Ó Broin: I move amendment No. 9: In page 5, between lines 19 and 20, to insert the following: "(iii) that materially contravenes the relevant city or county development plan, other than in exceptional circumstances as set out in regulations by the Minister,".

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Eoin Ó Broin: I support both the amendment and the intent behind the amendment. The Minister has made his position on the amendment clear but I ask him to progress the upcoming review of Part M of the building guidelines as a matter of urgency to improve the level of universal design within our building system overall. He might pay particular attention to the very strong advocacy of the Irish Wheelchair...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Eoin Ó Broin: Yes. I also support Deputy O'Callaghan's amendments. On a number of occasions, the Minister has said that he wants to move towards a plan-led approach to planning. I completely agree with him on that. However, there is not a wild lot of plan-making in this Bill beyond what is already available. That is not a criticism of the Bill. It is just not what this Bill does and, therefore, there...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Eoin Ó Broin: I thank the Minister for the reply. I know I am not going to convince him to change his mind. I would like to just press the value of involvement in pre-planning for him to consider. A site in Clondalkin many years ago had been subject to controversial Celtic tiger-era planning applications. The site was eventually sold to a new developer. That developer wanted to ensure that, to the...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Eoin Ó Broin: I apologise to Deputy Cian O'Callaghan. We had a conversation about it but we overlooked talking to him.

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Eoin Ó Broin: There is no Labour member of the select committee.

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