Results 1,301-1,320 of 6,933 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: 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...

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

Cian O'Callaghan: Yes, I am aware of that.

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

Cian O'Callaghan: Where does it say in the section 137(4)(b) that the contractual commitments are under the MAC?

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

Cian O'Callaghan: I know it has to do with maritime development and section 137(4) has only to do with maritime development.

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 refer to contractual commitments in relation to the MAC. It just refers to contractual commitments entered into by the person who made the material alteration.

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

Cian O'Callaghan: There could be other contractual commitments. People could make contractual commitments with their investors that are not to do with the MAC. Someone could say to investors they have this maritime area consent and planning permission, that they will go in for a material alteration, that they need a particular level of investment for it and that the investors would get a particular level of...

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 specify that it is a contractual commitment specifically on a MAC. It could be any contractual commitment, surely, with investors, promises made to investors and possibly unreasonable promises made to investors. Does this not open all of this up?

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

Cian O'Callaghan: Their hands are not completely tied by contractual commitments but they must have regard to contractual commitments. It is an unusual provision in planning law. There is nothing comparable to this in land-based development. As the Minister of State has confirmed, it is maritime only.

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

Cian O'Callaghan: But if this were a good way to do planning why is it restricted to maritime? Why is it not being done on land?

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 say that, it just refers to contractual commitments. This is much broader than the MAC. It is implicit that it is maritime development and that the contractual commitments are related to the MAC.

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

Cian O'Callaghan: How is it implicit? Obviously they would have some relationship because the person is making the material alteration-----

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

Cian O'Callaghan: But it does not say that. The wording does not say that it only applies to it.