Results 961-980 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: Section 75(3) includes a check in terms of carrying out the assessment of an urban area plan. I referenced the items contained in section 75(3)(a) to 75(3)(g) in terms of the assessment.

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

Malcolm Noonan: Those items under 75(3)(a) to 75(3)(g) inform a case where a preliminary view is formed.

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

Malcolm Noonan: By way of example, if the regulator gets a plan and the initial review finds that it is not aligned with section 75(3)(a) to 75(3)(g), it can suspend the plan until the full review is complete.

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

Malcolm Noonan: Settlement objectives would be an example.

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

Malcolm Noonan: The draft direction is issued by the OPR on the instruction of the Minister.

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

Malcolm Noonan: It is a recommendation.

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

Malcolm Noonan: Let us look at section 75(8)(c), which states in respect of the OPR that: [It] shall make a recommendation to the Minister that a draft direction under section 76 should be issued, which recommendation shall be accompanied by— (i) proposed terms for the draft direction, having regard to paragraphs (a) and (b)...

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

Malcolm Noonan: The Minister then considers the recommendation.

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

Malcolm Noonan: That is correct.

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. 567: In page 179, to delete lines 9 and 10 and substitute the following: “(v) where the planning authority (and where the subject matter of the draft direction is a coordinated area plan, the principal planning authority or the associate planning authority) is a coastal planning authority, the Maritime Area Regulatory Authority, (vi) the Commission, (vii)...

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. 570: In page 179, line 32, after “and” to insert the following: “in the summary of submissions submitted to the Minister under subsection (12), which will be considered”.

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. 571: In page 181, between lines 5 and 6, to insert the following: “(14) The Minister may prescribe a period or periods that shall be disregarded for the purposes of reckoning any period referenced in this section.”.

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

Malcolm Noonan: The section states that the "planning authority or the commission shall not determine any application for permission". The timeframes therefore do not apply.

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

Malcolm Noonan: Yes, it is paused.

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

Malcolm Noonan: The section states that the planning authority or commission "shall not determine any application for permission". That is the pause.

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: The provision in section 76(4)(a) pauses the timeline. Section 76(4)(b) states that where "a planning authority or the Commission is temporarily precluded from determining any application for permission under paragraph (a), it shall notify the applicant." That pauses the application.

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

Malcolm Noonan: Yes. They cannot make a decision. They assume the process of consideration still goes on but they cannot make a decision on it.

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

Malcolm Noonan: No, it states the planning authority or Commission "shall" not determine. It does not leave the planning authority open to legal action.

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

Malcolm Noonan: This relates to section 76(4)(a). I see Deputy Matthews raised it.