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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: Okay. It is important we have this clear. This obviously refers back to section 92 on applications for permission for standard development. An applicant puts in a planning application to the local authority. If I understand the Minister right, he is saying that where the application is in material contravention of the development plan at the point of application this provides a procedure...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: Okay. Again, just so we are crystal clear, let us say my application goes in. It is in clear contravention of the development plan. The management take the view this is worthy of progressing and in order to allow it progress and for them to approve the planning permission, they have to table a resolution to the elected members that notwithstanding the content of the development plan, in...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: I am always trying to think of what is the logic or the rationale for these. Let us say this manager is sitting there looking at the planning application. They are of the view the application will fall foul of the development plan. If they refuse the permission it is likely to be appealed to the board and because obviously the board has a different relationship with the development plan...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: Under subsection (3) on page 216 the planning authority "shall give notice". If it is going to utilise this procedure, there will be a notice. That notice will be "in such form and manner as may be prescribed". By whom may it be prescribed? The notice will be to the "public and to such persons as may be prescribed of any motion" and "submissions may be made". There seems to be a...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: I have two follow-on questions. I will talk separately to why I would prefer a reference to the State rather than the Government. The language that is used in section 107(3), namely "the development or proposed development is of strategic or national importance having regard to the policy of the Government", is used elsewhere when a decision is being made by a Minister or the Government. A...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: As the Minister knows, the background to this is the report from the CCMA of two years ago which identified more than 500 posts that needed to be filled in our planning authorities but which were not at that time. When the CCMA came before the committee on pre-legislative scrutiny, it made clear that the additional 530 posts were required to do the work it had at that time, not including all...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: ...a couple of the Minister's points about An Bord Pleanála board and will then speak directly to the amendment. An Bord Pleanála board had a backlog prior to the crisis in the year before last. That crisis made the backlog larger. It would not be correct to say that staffing has not been a problem for the organisation for quite some time because it has been. SHDs, legally...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: I have two related questions. We received documentation from a number of the public utilities – Gas Networks Ireland, Uisce Éireann, ESB and the Dublin Airport Authority. I am not saying this is correct but just to give the Minister a sense of it, to expand on Deputy McAuliffe’s point and to say it was not just Uisce Éireann, although he is absolutely right in that,...

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

Eoin Ó Broin: On the last point, which is probably the most important bit of what the Minister of State said, I ask him to explain in practical terms what that means for the development plan process. Is it that zoning will now happen at the settlement level? What will be the relationship between those settlements and larger zoning patterns?

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

Eoin Ó Broin: I move amendment No. 444: In page 115, line 6, after “authority” to insert the following: “and where another adjoining authority or Transboundary State is consulted, in a newspaper circulating in that area, and all such newspaper notifications shall be repeated in at least 2 non-consecutive issues of the relevant newspaper”.

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

Eoin Ó Broin: On that, just so I am clear, at what point in the process does that take place? Is it at that early stage that submissions around zoning will not be taken but, as the Chair indicated, it will be permitted at a later stage? What is the-----

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

Eoin Ó Broin: When the draft plan is published, at that point people can, if they so wish-----

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

Eoin Ó Broin: Is it almost to avoid councillors taking, at that point, a very localised view and trying to insist they just take that overarching-----

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

Eoin Ó Broin: None of that would preclude them at later stages-----

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

Eoin Ó Broin: Some of these are technical clarifications and others might require a brief discussion. I will rattle through them all and we will deal with them one by one. In section 53(3)(b) there is a period for the OPR to make additional submissions, which is an additional two weeks. Why is the OPR being given more time than others? There is a reference to 22 weeks in section 53(6). One of the...

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

Eoin Ó Broin: Apologies, but the reason I think that last question might be redundant, from memory, is an amendment was introduced at an earlier stage to amend these paragraphs. Is this paragraph one of those that was amended by the alternate wording? From memory it was but will the Minister of State clarify that so I can be certain?

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

Eoin Ó Broin: Apologies. That I know. That was the question I asked. There are different time periods at various stages, so I presume either in the context of the original Act or during the reconsideration of it, a decision was taken to either leave or change those time periods. I am trying to get my head around the particular time periods and if there is a kind of logic or consistency to them. In...

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

Eoin Ó Broin: Covid is an obvious one. There is simply no way timelines could have been kept. Who gets to decide? For example, let us say I was a chief executive, I was particularly bad at my job and I just did not manage the process properly. Therefore, times were not kept for bad reasons as opposed to something specific like Covid. This provision, even with the new wording, does not specify criteria...

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

Eoin Ó Broin: I thank the Chair and welcome the Minister. I have a question but also a suggestion for consideration by the Minister and his officials between now and Report Stage. As he knows, section 55 relates to the chief executive's report on adjustment of the housing development strategy. It reads: The chief executive of a planning authority shall, where he or she considers that there has been a...

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