Results 981-1,000 of 6,928 for speaker:Cian O'Callaghan

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: I turn to amendment No. 966, which states, "In page 447, delete lines 2 to 4". There are a lot of problems with this section, and in this amendment I am highlighting one aspect of it. There are three specific issues with this. There is a requirement to publish names and addresses. Will the Minister of State explain the rationale for that and why they are seeking to do this?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: I take issue with a number of the statements in the response. In no way was I making any case for anonymising. The Minister of State has said it is a well-established practice to provide name and contact details. I have not suggested for a second that should not happen. However, the current situation is that if a residents' association puts in a submission to the planning process, it will...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: Is the Minister of State saying that when the board of an incorporated body or developer takes a vote on whether to take a judicial review, the names and addresses of the board members who vote in favour will be submitted to the court? Is that what he is saying?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: Absolutely. We will just finish this discussion here and then go straight to Deputy Bacik. The Minister of State was saying the same applies to a developer as is required of residents' associations here. However, I asked him whether it is a requirement under the Bill where the board of a development company is taking a judicial review that the board take a vote and a requirement that when...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: Are the names and address of those who vote in favour brought to the court?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: I am sorry, but the Minister of State is saying this is the same and it is not, because the names and addresses of those who vote in favour at a residents' association have to be brought into the court, but the names and addresses of board members of a company or developer taking a judicial review do not have to be supplied to the court. To say this is the same simply is not the case. I...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: Why then is the Bill treating residents' associations completely differently to developers?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: Is the Minister of State saying residents' associations should have to be able to form into companies to have the same-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: The Bill is putting onerous obligations on them it does not put on-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: I am talking about seeking access to justice, but anyway we shall facilitate Deputy Bacik.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: We will let Deputy Ó Broin in and then I will speak.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: From my work as a public representative and my interactions with people in the local community, I will comment and use an example not to do with judicial review. We could be working on any issue in the local area, such as being involved with a Tidy Towns group or writing a letter for that kind of group. Even when it comes to something as uncontroversial as that, I know from interactions on...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: I agree with one of the points made by the Minister of State and disagree with another of his points. I have direct experience in my constituency of, for example, where there was planning permission for a significant number of apartments and it included some community facilities but the applicant went to remove some of those community facilities that had been granted permission as part of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: I do. In paragraph (2)(c), there is an obligation to inform notice parties when seeking leave. It is not always clear who the notice parties need to be. Currently, during the leave process, an applicant can seek the guidance of the leave judge on this matter. The leave process will not be there under this Bill, so will the Minister of State clarify how an applicant is to identify all the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: Sure. Usually, when it is an issue, that can be done during the leave process. Given, however, that there will not be a leave process, how can it be done?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: Okay, so it will not cause an issue if the applicant needs to do that-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: -----and someone is later notified that-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: It will not cause an issue.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: As regards paragraph (2)(b), relating to the matters which led to the omission of the ground being outside the control of the applicant, will the Minister of State explain the rationale for that?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Cian O'Callaghan: Providing which conditions are met?