Results 1,101-1,120 of 26,006 for speaker:Kieran O'Donnell

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Kieran O'Donnell: As regards the intent of this amendment, section 34(9) reads "Where, within the period ... the applicant for a permission under this section gives to the planning authority in writing his or her consent to the extension of the period for making a decision". There are two aspects to that on which I want to get a proper note. First, if the planning authority is amenable to further time, the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Kieran O'Donnell: There are two aspects-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Kieran O'Donnell: Typically, in the standard case, it either grants it within the eight weeks or it goes out for further information. This is to provide for a situation whereby there may be cases where additional time is required - a small bit of time - by the local authority to make a decision. The local authority, however, is entitled to make a decision at any time it wishes. As the committee is well...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Kieran O'Donnell: It is what currently exists.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Kieran O'Donnell: No.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Kieran O'Donnell: Within the eight-week period, the planning authority must either grant or go out on further information, FI, and the applicant has six months in which to come back with that further information. They have a further four weeks then to make a decision. The local authority has to make a decision based on the further information when it is submitted by the applicant. This particular amendment...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Kieran O'Donnell: Correct.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Kieran O'Donnell: Correct.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Kieran O'Donnell: In most cases-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Kieran O'Donnell: Further information is FI. If it arises in the applicant's discussion with the local authority that there is a need for just a small bit more time, that should be on the basis on making the decision.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Kieran O'Donnell: That is ultimately a discussion between the local authority and the applicant. The applicant consents to that extra time. It is consent by the applicant. The point I am trying to make is that it is not designed for further information. It is designed to give a bit more time for the council to make a decision within the defined period of time.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Kieran O'Donnell: No.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Kieran O'Donnell: It is for a situation arising where eight weeks is too tight for the council to make a decision and it believes it needs a further short period of time, perhaps a month, within which a decision can be made. There might be a resourcing issue. I do not know what the issue would be. If it looks at an application in the period of time and deems it needs further information to make the overall...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Kieran O'Donnell: That is the standard.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Kieran O'Donnell: No. It is final.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Kieran O'Donnell: Correct.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Kieran O'Donnell: Apologies; that is in theory. It is not designed for a situation where a local authority is looking for further information. It is designed to give extra time for a local authority to make a final decision. If it is an extension for a four-week period, then within that four-week period the local authority must make the decision and it will either grant it or refuse it. In the eight-week...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Kieran O'Donnell: This is why I want to get a proper note. If we look at section 34(9)-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Kieran O'Donnell: -----it does not prescribe a definite view of the additional period. If we go to section 98(4) and we go to paragraph (b), that defines that the additional period cannot exceed four weeks.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Mar 2024)

Kieran O'Donnell: This is a positive measure. Once again, I would prefer to come back to it with a definitive note on all the questions that have been asked on the changes between what is in section 34 of the Act and section 98 of the Bill. It is quite clear that section 98(4)(b) puts a time limit on the extension of time.