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Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Darragh O'Brien: This came up on Second Stage and I did not get a chance to respond because we ran out of time. Local government resources will be provided to deal with this. Next week or in the coming days I will make a significant announcement on that. The Government has committed under Housing for All to provide resources to local government, has done so already in relation to housing delivery teams and...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Darragh O'Brien: Deputy McAuliffe's tactic to speak first was a good one but it backfired on him as amendment No. 52 is at the very end. To be serious, every local authority member has to be advised of any LSRD application that is lodged. I thought it was a retrograde step when it got to a stage where councillors could not receive a briefing. A circular was issued some time ago, although not by me,...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Darragh O'Brien: I am not encouraging the Deputy to press his amendment, but far be it from me to tell him what to do. What I am saying is that if we move in the direction of doing something about this, we need a bit of time. To be fair, a lot of what the Deputy is looking for in his amendment is being done already within the Bill. The Deputy and I have discussed that at length, so his input is reflected...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Darragh O'Brien: Deputy McAuliffe should be very careful

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Darragh O'Brien: I will take the last question first. I covered this on Second Stage and in the Seanad as well, but I am happy to go through it for members here. First, we will publish the regulations this month in relation to further information. I want to give members an idea of the limitations I am considering. The limitations on further information would purely relate to matters that would reasonably...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Darragh O'Brien: I wish to be helpful. Deputy Nash's amendments are different from the issue Deputy Ó Broin is referring to.

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Darragh O'Brien: I am happy to discuss it during the debate on the section. I can deal with Deputy Nash's amendment now, if it is okay with the Chair.

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Darragh O'Brien: We discussed these amendments previously. Senators Wall and Moynihan raised them in the Seanad. They would be exceptionally onerous vis-à-visthe new process. One of the amendments refers to the beginning of a large-scale development from grant of permission at 24 months and the other one refers to six months. Amendment No. 38 proposes permission should be granted for six months only...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Darragh O'Brien: The reality is that this legislation is forward-looking. No one lobbied in respect of it. I am not sure to what Deputy Cian O'Callaghan is necessarily referring. There was no lobbying on this. Let us be clear on that. Obviously, there is a lobbying register and members should feel free to check it. The reality is that this is a streamlining provision. As I stated, we are carrying out a...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Darragh O'Brien: I do not want to drag this out but I want to give some additional rationale, should it be required. At present, if a planning authority, including the board, or, where relevant, the State, succeeds in defending a judicial review challenge and the High Court certifies that it may be appealed, the appeal then goes to the Court of Appeal. If the planning authority or the State succeeds again...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Darragh O'Brien: Section 2 of the Planning and Development Act 2000, as amended, set outs the interpretation and "house" includes apartments thus negating the need for the word "apartment" to be inserted in the amendment. That is the actual interpretation of "house" under the Planning and Development Act 2000 so the apartment aspect is covered. To answer Deputy O'Broin, this is part of the owner-occupier...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Darragh O'Brien: Yes, the Deputy would be. We have underpinned this in the Affordable Housing Act as well so the provisions will allow the local authorities, as part of their housing strategies, to identify where the gaps are and it is important that that is done. In the housing delivery plans that are being submitted to me, and must be with me by later this month, they will include affordable, social and...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Darragh O'Brien: My understanding is that duplexes, as a definition back then, would not have been specifically specified. I got specific advice based on the amendments that were tabled by Deputies Duffy and O'Callaghan. The specific advice that I have, which we can reconfirm to the Deputy in writing, is that the Planning and Development Act, as amended, regarding the interpretation of house, does include...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Darragh O'Brien: I do not want to give the Deputy incorrect information. I will recheck the issue and get back to him in advance of Report Stage.

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Darragh O'Brien: I appreciate that.

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Darragh O'Brien: That is exactly what I am considering. I was not Minister in 2018 but believe the document was misinterpreted by some local authorities and taken to the extreme. Input from local elected members can be very good. They can end up being a conduit for many other groups. In some instances, there is more organised feedback. That is exactly what I am considering. Mr. Paul Hogan is still...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Darragh O'Brien: The purpose of this is not to restrict information. We have seen many applications go through a series of requests for additional information, clarification of additional information, further additional information and on and on. We want a better pre-application stage that takes an effective procedure from the strategic housing development process, which is a clear pre-application process....

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Darragh O'Brien: As I stated, this is a streamlining provision. By the way, I assure Deputies that this has not been brought forward with any particular project, development or strategic piece of State infrastructure in mind. That is not the case. Governments rightly use legislation and legislative vehicles to advance changes. That is what we are about. That is the reason we are legislators. This is a...

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Darragh O'Brien: I take the point made by the Deputy and we will provide further information in advance of Report Stage. On page 4, we refer to the development of 100 or more houses. The definition of houses in the Planning and Development Act does not just relate to houses and I will supply the Deputy with additional information in advance of Report Stage.

Select Committee on Housing, Planning and Local Government: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (1 Dec 2021)

Darragh O'Brien: Three.

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