Results 161-180 of 18,733 for speaker:Michael McDowell

Seanad: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Jul 2024)

Michael McDowell: I accept what my friends are saying. I do not want to delay proceedings or extend matters by calling for a walk through vote. We have to mark our disagreement with the section as it stands, however, and that must be done by means of a vote.

Seanad: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Jul 2024)

Michael McDowell: I note the Minister of State is stepping in in these circumstances. There are a few things I want to say about section 11 but I do not want to overly delay the House.

Seanad: Planning and Development Bill 2023: Committee Stage (Resumed) (16 Jul 2024)

Michael McDowell: I just want to point out that section 11(1) provides that a declaration that something is or is not an unauthorised user is conclusive of the matter stated therein in proceedings brought by an enforcement authority only against the person who requested the relevant declaration. There are two exceptions to that. One is where that person knowingly misled the planning authority, or the...

Seanad: Planning and Development Bill 2023: Committee Stage (15 Jul 2024)

Michael McDowell: I welcome the Minister of State and thank him for attending. I will make a number of preliminary observations. We have decided the Order of Business and I do not want to reopen that discussion. It is slightly old-fashioned to say the Bill is the size of an old telephone directory-----

Seanad: Planning and Development Bill 2023: Committee Stage (15 Jul 2024)

Michael McDowell: -----but there were such things inside the hall doors of most houses at one time and this could certainly keep the hall door open in a fairly substantial wind. Abridging the time for consideration of this legislation on Committee Stage is not a good idea. Even with the accelerated procedures for clearing the decks in respect of amendments for Report Stage, which are a concession because it...

Seanad: Planning and Development Bill 2023: Committee Stage (15 Jul 2024)

Michael McDowell: It is all very well to do that. I am talking about the Office of the Planning Regulator.

Seanad: Planning and Development Bill 2023: Committee Stage (15 Jul 2024)

Michael McDowell: Sorry, it is section 1, if the Senator would read the-----

Seanad: Planning and Development Bill 2023: Committee Stage (15 Jul 2024)

Michael McDowell: The Senator would not merely vote to guillotine the Committee Stage but then he started objecting to people who want to talk about what we are actually doing with this legislation.

Seanad: Planning and Development Bill 2023: Committee Stage (15 Jul 2024)

Michael McDowell: I know that and as the Senator is aware, I am talking about the amendment in section 1. I want to make the point that having done all of these things, we are now putting and cementing in place this rigid regime of control over local authority members. It is entirely wrong. The illusion of local democracy is entirely exposed by the Office of the Planning Regulator. That Department, in...

Seanad: Planning and Development Bill 2023: Committee Stage (15 Jul 2024)

Michael McDowell: I do not know how this arises on the section as it now is, given that the amendment has been defeated, but in response to Senator Paddy Burke, it seems that to say there is no constraint on what councillors can or cannot propose by way of an amendment to a draft plan or insert into a plan is at variance with the experience of many councillors. Their experience is that the executive of a...

Seanad: Planning and Development Bill 2023: Committee Stage (15 Jul 2024)

Michael McDowell: Section 7(e) states that a material change of use includes "in respect of premises used for retail purposes, a change in use from a prescribed retail purpose to another prescribed retail purpose". Why does a change of use have to be from one prescribed use to another? For instance, if we do not want there to be an absolute right to run a fish and chip shop, why does it matter what kind of...

Seanad: Planning and Development Bill 2023: Committee Stage (15 Jul 2024)

Michael McDowell: I am just saying whatever kind of thing-----

Seanad: Planning and Development Bill 2023: Committee Stage (15 Jul 2024)

Michael McDowell: Through the Chair, I am suggesting that there probably are categories of things the Minister of the day will want to have a say on in this regard. If somebody wants to use a premises for a particular use, the Minister will make regulations stating that such an individual must get planning permission. I do not see how it matters what the premises were beforehand, however. That is the point...

Seanad: Planning and Development Bill 2023: Committee Stage (15 Jul 2024)

Michael McDowell: Whatever, yes.

Seanad: Planning and Development Bill 2023: Committee Stage (15 Jul 2024)

Michael McDowell: That is one example. I will take Senator Martin's point, however. For instance, a Minister may think that there should be planning permission for betting shops and fish and chip shops. Those are two things that a reasonable Minister might decide the residents of a road, or owners of neighbouring shops, have a right to be consulted on because the nature of those two businesses causes...

Seanad: Planning and Development Bill 2023: Committee Stage (15 Jul 2024)

Michael McDowell: It seems section 8 seeks to criminalise short-term lets in a rent pressure zone. It deals with the criminal aspect whereas section 7 deals with what amounts to a change of use. I do not think there is a conflict between the two.

Seanad: Planning and Development Bill 2023: Committee Stage (15 Jul 2024)

Michael McDowell: I want clarity on this. Why is the first use being prescribed in order that the second use be prescribed? I want clarity and some explanation of why we are doing this. We are saying that a change from one prescribed use to another is a change of use, which will require planning permission. I want to know why it matters what it was before it becomes a settlement item. Maybe what we are...

Seanad: Planning and Development Bill 2023: Committee Stage (15 Jul 2024)

Michael McDowell: Previously prescribed in relation to this?

Seanad: Planning and Development Bill 2023: Committee Stage (15 Jul 2024)

Michael McDowell: I hope we get an explanation on Report Stage

Seanad: Planning and Development Bill 2023: Committee Stage (15 Jul 2024)

Michael McDowell: A number of things arise in relation to section 8 as it stands. I know we are not discussing the section at this stage, but it is worthwhile to point out that it refers to short-term lettings and it defines them as "the letting of a house or a part of a house for any period not exceeding 14 days, and includes a licence that permits the licensee to enter and reside in the house or part...