Results 941-960 of 4,810 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: 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)”.

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. 473: In page 126, line 34, to delete “3 months” and substitute “12 weeks”.

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. 474: In page 126, line 35, to delete “3 months” and substitute “12 weeks”.

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. 475: In page 127, to delete lines 10 to 13 and substitute the following: “(20) A failure to comply with subsections (6), (10) and (11) of section 52 and subsections (1), (5), (6), (7), (8), (10), (12), (13) and (15) within the time period specified therein shall not of itself invalidate a development plan.”.

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

Malcolm Noonan: I will go through the three different time periods first. We will have a note on the timelines prepared for the Deputy as well. The 22-week period is for managers to prepare reports on submissions and recommendations. Similarly, the 12 weeks-----

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

Malcolm Noonan: The time periods were agreed in consultation with the OPR. They reflect the volume of material the manager had to go through with the 22-week period and the 12 weeks the members are given time to consider the manager's report. It is trying to encompass the scale of the submissions that come forward and the preparation of the recommendations in the draft plan. That is similar to the...

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

Malcolm Noonan: Yes and with the local authorities as well.