Results 1,321-1,340 of 4,716 for speaker:Malcolm Noonan

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: Yes. There is no time limit in respect of a section 10 declaration. The local authority could take enforcement action and use the declaration as a defence.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: Yes, that is the case. The third party can go to the courts and seek an injunction themselves.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: No, they cannot.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: No.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: Yes, that is it. A section 10 declaration is legally binding.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: Yes, there is a provision.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: It is provided for in circumstances where the person withheld information from the planning authority or the commission.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: It bases the decision on the information provided at the time. It is up to the first party to provide all the information.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: New information would be allowed.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: Because it is only between the first party and the local authority. That is the reason.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: The planning authority is the enforcement authority. This is only between the first party and the local authority. There is a provision where a person has withheld information. The point the Deputy is making is about other information coming to light to the planning authority in the intervening period. Is that correct?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: That is the planning authority.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: The planning authority could still take enforcement measures if the development was broader than what was covered in the section 10 declaration.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: The approach we have taken is based on legal advice from the Attorney General. As a reminder, we are looking at the third-party review. We will need to review section 11 in that context too.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: I do not know that. The enforcement is based on the information and has to be. The advice on the operation of section 10 is broad with regard to the declarations and legal standing. That was the advice and approach taken based on that legal advice from the Attorney General.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: Let me just get it straight. The question the Deputy is asking about is where a project spans two separate counties. As I understand it, that would be appealed to the commission.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Malcolm Noonan: Yes.