Results 1,381-1,400 of 6,933 for speaker:Cian O'Callaghan

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: I have a very brief comment. I am of the view that phasing, which could be used to achieve good outcomes, is being underutilised. I appreciate that there are probably issues around that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: It includes surface water abstraction.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: That means the decision must be taken on the retrospective consent first but the decision on both the applications would be issued at the same time. Is that right?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: It is simultaneous.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: It is all in one process.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: I have a question while we are talking about section 131 and section 130 as well, which the Minister has been referencing. Section 130(8) states: A direction or draft direction under this section shall not require the taking of remedial measures in relation to a development to which subsection (3) of section 320 applies that was carried out more than 7 years before the commencement of this...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: Yes, but it is very specific because it does not refer to all draft directions. It is a very specific set of draft directions that only have regard to unauthorised quarry development or unauthorised peat extraction. If it is a standard provision why does it not apply to everything? The Bill is very specifically just putting this provision in with regard to unauthorised quarry development...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: This section is about remedial measures though.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: I want to know why the "remedial measures" from section 130(8) are specific to unauthorised quarry development or unauthorised peat extraction.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: There must be a reason for section 130(8) being linked to section 320(3). Otherwise the former would just link to time limits in general. Why is there this specific seven-year period in relation to unauthorised quarry development or unauthorised peat extraction?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: I get that part of the Bill and do not have an issue with that part of the Bill. My question is why that wording is then being applied to section 130(8), which states: A direction or draft direction under this section shall not require the taking of remedial measures in relation to a development to which subsection (3) of section 320 applies that was carried out more than 7 years before...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: In a sense it is going back to the original question. Why do we have section 130(8)? What is the rationale behind having it in the Bill and what is the concern around it not applying if it was carried out more than seven years before the commencement of this subsection? That is the original question and it still stands.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: Remediation of unauthorised quarries and unauthorised peat extraction is very important in terms of environmental damage. It can be very difficult to remediate depending on the level of damage done. The concern is about a provision in the Bill that would prevent remedial action being required under section 130 if section 130(8) applies to it. Why have this prohibition? Why not at least...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: I have some knowledge of this area. If we take an unauthorised quarry and the damage that has been caused by it and if it comes to enforcement around it and remediation, remediation does not necessarily mean that you fill in the entire quarry, restore it, get a load of rock, bring it back to the quarry it once was and undo ten years of extraction. That does not necessarily mean remediation....

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: No, but you could do some very important remediation works that could mitigate some of the damage that has been done. My concern is that section 130(8) prevents that from happening.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: I have been trying to make a contribution for a while. The Minister concludes, as is his right to do, but I have been trying to make a contribution for the past ten minutes. I say that so that the committee might know that I am not delaying things but have been trying to get in. I raised these issues initially so I should probably be able to take part in a discussion on them. There are...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: I have just one comment here. We are still not clear as regards section 317(2)(d) and there are no time limits on enforcement notices on remediation steps.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: Yes, but there is no seven years before the commencement of the subsection applying to that. For unauthorised quarries and peat extraction, an enforcement notice which issues is not subjected-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: Absolutely, so why is there an inconsistency in the legislation? What is the rationale for this seven years before the commencement of this subsection under section 138? That is the original question but the Minister has said he is coming back to us on that and that is fine.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)

Cian O'Callaghan: The Minister will be providing the committee with a note on this.