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Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (LSRD) Bill 2021: Department of Housing, Local Government and Heritage (7 Sep 2021)

Eoin Ó Broin: I thank the Chair and confirm that I am in Leinster House. I thank Mr. Hogan for his presentation. The understatement of the day is the description of there having been some criticism of the SHD process. Most of us are of the view that it has been an absolute disaster in the context of the lack of commencements of grants of permission, the level of judicial reviews and just the general...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (LSRD) Bill 2021: Department of Housing, Local Government and Heritage (7 Sep 2021)

Eoin Ó Broin: I will go through the questions one by one rather than giving the witnesses a big list. Whatever we do not get to, we can return to later. The witnesses said they will provide some statistics later. It would be great to get the percentage of individual units commenced of the 52,000 units in total. Likewise, it would be great to get a breakdown of the judicial reviews of residential SHD...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (LSRD) Bill 2021: Department of Housing, Local Government and Heritage (7 Sep 2021)

Eoin Ó Broin: On head 5 with respect to pre-planning, I am a strong supporter of a statutory timeline for this. Was any consideration given to providing some level of public consultation and access to documentation during pre-planning? If not, is the Department confident that the proposition outlined in this head is Aarhus compliant?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (LSRD) Bill 2021: Department of Housing, Local Government and Heritage (7 Sep 2021)

Eoin Ó Broin: On head 8 and the Minister having the power to prescribe the specific issues that can be addressed by way of further information requests, one of my concerns is that if we restrict what additional information can be requested at that stage, after the substantive decision by the planning authority, we may run into trouble with our obligations under EU environmental directives, for example, or...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (LSRD) Bill 2021: Department of Housing, Local Government and Heritage (7 Sep 2021)

Eoin Ó Broin: We have a bad record in the meeting of some of those obligations and we are currently being fined for some of them on planning grounds. We are trying to make sure that we do not make the mistakes of previous planning legislation and planning decisions.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (LSRD) Bill 2021: Department of Housing, Local Government and Heritage (7 Sep 2021)

Eoin Ó Broin: I have one last question. Why are we giving the board an opt-out from meeting its statutory timeline if it feels it cannot meet it? What is the rationale for that? We expect the local authorities who make the principal assessment of the application, which is much more onerous in my view, to meet their timeline. Why is the board, under head 9, subsection 3, getting that slight flexibility...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (LSRD) Bill 2021: Department of Housing, Local Government and Heritage (7 Sep 2021)

Eoin Ó Broin: Why would the board be given that opt-out? Is Ms Gallagher saying the Department will remove that opt-out and it will simply be sanctioned-----

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (LSRD) Bill 2021: Department of Housing, Local Government and Heritage (7 Sep 2021)

Eoin Ó Broin: Have I time left or have I run out?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (LSRD) Bill 2021: Department of Housing, Local Government and Heritage (7 Sep 2021)

Eoin Ó Broin: I think Mr. Ryan wants to come in.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (LSRD) Bill 2021: Department of Housing, Local Government and Heritage (7 Sep 2021)

Eoin Ó Broin: I am much more satisfied with that explanation. That makes much more sense to me. The big question is that it is proposed to allow SHD applications in certain circumstances, according to head 13, which relates to the transitional arrangements, up to 25 February if they are in the pre-planning SHD process. Surely the logical thing would have been to stick with the original sunset clause...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (LSRD) Bill 2021: Department of Housing, Local Government and Heritage (7 Sep 2021)

Eoin Ó Broin: Was that legal advice with respect to SHD applications that were in train at the time of that eight-week pause or does it apply to all applications that may or may not come in after that eight-week pause? I understand that anything that was affected by that pause clearly should have got eight weeks extra - no problem - but that was a year ago, and it will be a year and a half ago, almost,...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (LSRD) Bill 2021: Department of Housing, Local Government and Heritage (7 Sep 2021)

Eoin Ó Broin: That is the matter under question here, surely.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (LSRD) Bill 2021: Department of Housing, Local Government and Heritage (7 Sep 2021)

Eoin Ó Broin: What Mr. Hogan is saying is that the legal advice was related to SHD applications that were in train at the time of the pause, not future applications as yet unapplied for. It is an important difference, surely.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (LSRD) Bill 2021: Department of Housing, Local Government and Heritage (7 Sep 2021)

Eoin Ó Broin: I thank the Chairman for his patience. I have three outstanding questions from the original list of ten and I will rattle through them quickly. In subsection 14 of head 6, where a person should not question the validity of any action taken or opinion from a planning authority, what does “not to question” mean in plain English? Obviously there is a very specific intent in...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (LSRD) Bill 2021: Department of Housing, Local Government and Heritage (7 Sep 2021)

Eoin Ó Broin: Apologies for interrupting. Mr. Hogan used the word "reserve". Will he indicate from what is this reserved? Is it from a legal challenge?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (LSRD) Bill 2021: Department of Housing, Local Government and Heritage (7 Sep 2021)

Eoin Ó Broin: It is just an explanation I am looking for rather than a justification.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (LSRD) Bill 2021: Department of Housing, Local Government and Heritage (7 Sep 2021)

Eoin Ó Broin: Why is there 12 months between pre-application and application?

Written Answers — Department of Communications, Climate Action and Environment: Departmental Funding (27 Jul 2021)

Eoin Ó Broin: 57. To ask the Minister for Communications, Climate Action and Environment the current and capital funding allocation for 2021 for the Environmental Protection Agency. [39541/21]

Written Answers — Department of Finance: Tax Code (27 Jul 2021)

Eoin Ó Broin: 307. To ask the Minister for Finance further to Parliamentary Question No. 195 of 25 May 2021 and with respect to the review of mobility supports for persons with disabilities and the criteria for qualification for the disabled drivers and disabled passengers scheme, if there have been changes made to the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 in view of...

Written Answers — Department of Culture, Heritage and the Gaeltacht: Covid-19 Pandemic Supports (27 Jul 2021)

Eoin Ó Broin: 516. To ask the Minister for Culture, Heritage and the Gaeltacht the number of applications to date to the music entertainment business assistance scheme; the number of applications approved; the number refused; the funding allocated to date; and the funding as yet unallocated. [39536/21]

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