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Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (16 Nov 2021)

Darragh O'Brien: I understand why the amendments are tabled but I will not be accepting them. I will explain why. Fundamentally, what we are doing here is returning LRD-type developments to the local level. The importance and emphasis on the development plan is being restored.That is an important reserved function of our councillors. Regarding everything the Minister of State, Deputy Burke, and I set...

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (16 Nov 2021)

Darragh O'Brien: Amendment No. 20 relates to the updating of LRD requirements in light of new planning regulations. The Senator said that she might explore the wording further for Report Stage, but as it stands, this amendment is not necessary as under section 34(1) of the Planning and Development Act 2000 the planning authority may only grant permissions where all the requirements of existing regulations...

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (16 Nov 2021)

Darragh O'Brien: I cannot accept the amendments, but it is open to the Senator to table amendments on Report Stage and we will look at each amendment on its merit.

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (16 Nov 2021)

Darragh O'Brien: All of us want to ensure that where good permissions are granted they are activated. There are 80,000 planning permissions across the country that are yet to be activated. All have various different timeframes, but they have been granted permission. One of the jobs we have to do is to ensure they are activated where we can, particularly in the cities. In Dublin there are about 40,000...

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (16 Nov 2021)

Darragh O'Brien: It would make a significant difference if it were in respect of an application as opposed to an applicant. If an applicant had had seven different successful judicial reviews taken against them, that would suggest an issue with the planning system rather than the applicant, unless it was an applicant who wantonly cast aside the normal practices there. Changing the wording from "applicant"...

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (16 Nov 2021)

Darragh O'Brien: There are a couple of points to be made. On the subject of publication, within five days of an application being lodged it has to be on the planning authority's website. We should not forget-----

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (16 Nov 2021)

Darragh O'Brien: We are bringing this back to a two-stage process. Regarding the LRD, it is going to the council. If someone objects to the original decision because he or she is not happy with it - it would be an objection at that stage - it then goes to the board. Every LRD application does not go to the board. An application goes to the board only if somebody decides to take it there. What we are...

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (16 Nov 2021)

Darragh O'Brien: We all want permissions activated. We have said that. We can have that discussion again. Everything we are doing aims to do that. That is the way the funding is provided under Housing for All. That is why we are bringing about planning changes. This is probably getting conflated with strategic housing development, SHD. The SHD process, in the context of the conversion of permissions to...

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (16 Nov 2021)

Darragh O'Brien: We will publish it.

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (16 Nov 2021)

Darragh O'Brien: I thank Senator Warfield and colleagues for tabling the amendment. It gives us an opportunity to explain this in a little more detail. There is no question but that this is about striking a balance. I would like to clarify what amendments we are proposing regarding further information requests. The ability to request further information regarding an LRD application and appeal were not...

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (16 Nov 2021)

Darragh O'Brien: I thank the Senator for these amendments that relate to the process surrounding applications for modification of permission. I hope this will clarify matters for the Senator. The inclusion of provisions for the modification of previously permitted developments under the large-scale residential development legislation seeks to provide legal clarity in respect of such applications. I will...

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (16 Nov 2021)

Darragh O'Brien: Is the Senator speaking to the amendment or the section?

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (16 Nov 2021)

Darragh O'Brien: Yes, and then we can deal with that afterwards.

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (16 Nov 2021)

Darragh O'Brien: I thank the Labour Party Senators for their amendments. This amendment, in effect, proposes that an LRD permission should be granted for a period of one year and removes the right for this period to be varied under section 41 of the Act of 2000. I strongly oppose this amendment. I understand we are all trying to get to that place where we make sure viable applications are effected...

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (16 Nov 2021)

Darragh O'Brien: For the moment.

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (16 Nov 2021)

Darragh O'Brien: I will deal with amendment No. 34, after which I will deal with the questions asked on section 50A, which is an important part of the legislation. I assure Senator Higgins that the language in subsection (15) is appropriate. It has come through the Office of the Attorney General. The legislation was drafted in consultation with that office and has gone through the parliamentary...

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (16 Nov 2021)

Darragh O'Brien: I do listen.

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (16 Nov 2021)

Darragh O'Brien: I have been here for hours listening to Senators.

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (16 Nov 2021)

Darragh O'Brien: I am not complaining.

Seanad: Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage (16 Nov 2021)

Darragh O'Brien: I assure Senators I have listened to them throughout the debate and have taken on board a couple of their amendments, as I have done in the case of previous legislation.

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