Results 1,261-1,280 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: In terms of the extension of time on it, if it is so exceptional then why is it an automatic grant of the extension to the time?

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

Cian O'Callaghan: While I can absolutely see circumstances where this would be needed and justified my question is that there is no actual option for the local authority or planning authority on this because the section just states that it will be granted.

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

Cian O'Callaghan: The extension of the permission.

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

Cian O'Callaghan: If someone looks for a five-year extension to do non-material works that are minor does this mean they have to be given the five years even though these are minor works that should have been completed within the five years? Such works may reasonably require another six months or another year. If they have looked for their five year extension, as the Minister said, must they be given five...

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

Cian O'Callaghan: But this section states that it has to be granted. If the applicant seeks five years for something minor and non-material to finish off the development, does this mean the planning authority has to give the developer the five years to finish off the development? Could this not cause problems?

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

Cian O'Callaghan: The problem with this wording is that it does not give the planning authority the discretion or the option to tell the developer, when they are looking for a five year extension for non-material works to finish and complete the development, that the planning authority believes it is unreasonable the developer would need five years to do that, and that the planning authority could say to the...

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

Cian O'Callaghan: They would have the five years.

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

Cian O'Callaghan: Okay.

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

Cian O'Callaghan: Okay. So it must grant it.

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

Cian O'Callaghan: Even though that is what they looked for.

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

Cian O'Callaghan: They could get six months if the planning authority saw fit, but they must get it. They must get the extension but it is up to the planning authority to decide how long.

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

Cian O'Callaghan: Okay, that is what the wording is. That is what I was asking about. It does, however, state "as requested".

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

Cian O'Callaghan: Yes, but it is "as requested".

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

Cian O'Callaghan: Yes, the section states: "the deciding authority shall alter the permission, or extend the duration of the permission, as requested." Surely that means if I request five years I get my five years even though the planning authority might believe one year is enough.

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

Cian O'Callaghan: Where is it stated that it is discretionary?

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

Cian O'Callaghan: It states, "extend the duration of the permission, as requested."

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

Cian O'Callaghan: On reading that, section 135 states that "a person may request the deciding authority to ... extend the duration of a permission.", and then section 136(1) states that where an alteration or extension requested is not a material alteration "the deciding authority shall alter the permission, or extend the duration of the permission, as requested." There is nothing in section 135(1)(b)-----

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

Cian O'Callaghan: Where is it clear that the planning authority has that flexibility and discretion on this with regard to non-material works?

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

Cian O'Callaghan: Where in any of that does it give the planning authority the discretion not to grant the requested extension of permission?

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

Cian O'Callaghan: I have a question on section 137(4)(b). It is about contractual commitments. Should a developer be entering contractual commitments that do not comply with the existing planning permission? Does this section not create an incentive for a developer or applicant to enter into contracts that do not comply with planning permission obtained? It would increase the chance of obtaining a material...