Results 1,201-1,220 of 6,904 for speaker:Cian O'Callaghan

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: I will make that point and then move on to the commencements issue rather than prolong this discussion. In respect of section 164(3)(a), the Minister and I had a good discussion on where that section might be used, and the kind of practice around that, but the issue I raised is that none of that is specified in the Bill. I appreciate it is not a new provision but the Bill would be stronger...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: My point is that in effect there are no criteria under section 164 for-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: The provision "shall have regard to the nature and extent of the proposed development" is very wide.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: How could authorities make a decision and not have regard to the nature and extent of the proposed development? However, we are talking about time limits.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: It does not necessarily need to be made by the applicant because section 164(3)(a) states, "where requested by the applicant under subsection (2) or at its own discretion". It is not that the applicant has to put out before the-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: So the Minister does not envisage any situation where the planning authority would decide on its own discretion.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: But the Minister is making the case that it would not happen, that it would only be because the applicant-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: I just pointed that out to the Minister.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: The Minister told me a minute ago that it did not allow for both.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: The Minister did. He said it was only the applicant.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: Okay. If I try to check the record-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: Yes, and Deputy Ó Snodaigh has covered this as well in his comments. What I want to ask about, because the legislation is not clear and the Minister says he will do this by regulation, is what a commencement of works would look like. I have concerns about the ambiguity around that in the legislation. The Minister says he will do it by regulation but as we cannot see the regulations...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: What would be a good reason for refusal in such circumstances?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: What happens to the site if there are substantial works and the planning authority does refuse an extension of permission, which is allowed for under the Bill?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: So a person would have to come in with a new application to effectively complete the development or for demolition, restoration or whatever.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: If they do not, substantial works will have taken place-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: Under the provisions, when a developer is looking for an extension of duration, as part of the planning application process is there any examination to see if the works that have been carried out to date have been compliant with the planning permission?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: Yes, but let us just-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: To make the question a bit more straightforward, let us imagine there is no phasing. A developer has planning permission and substantial works have been completed. Some of the structures are built. There is no phasing. There is no completion because-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (11 Apr 2024)

Cian O'Callaghan: No. I am not asking about a specific case, I am asking about what happens in these scenarios under the provisions of the legislation. It is not related to any specific case. Let us say, there is no phasing and works have been carried out. There has been no completion. At the point when the applicant looks for an extension of permission, does the planning authority look at what has been...