Results 1,861-1,880 of 14,941 for speaker:Eoin Ó Broin

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

Eoin Ó Broin: I presume the answer to my question will be "Yes". Section 128(1) states: "The Commission shall not decide to grant retrospective consent under section 121 (whether subject to conditions or not), unless it is satisfied in accordance with section 132 that exceptional circumstances exist that justify the grant of such consent." Am I right in assuming that section 128(2) also makes it clear...

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

Eoin Ó Broin: -----the development plan-----

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

Eoin Ó Broin: Is that what that means?

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

Eoin Ó Broin: One of the issues that came up with the substitute consent legislation we previously dealt with was enforcement and restoration, which is the wrong word but I just cannot remember the language used in the original legislation. I am referring to where there is a requirement to remediate such that enforcement means not just stopping the use of the development for a certain purpose but also...

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

Eoin Ó Broin: This section seems to be similarly deficient in terms of powers or compellability for remediation. For example, where someone has applied for substitute consent-----

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

Eoin Ó Broin: Is that set out by way of regulation? In terms of the scope and range of powers the planning authority will have-----

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

Eoin Ó Broin: Would it be done by way of regulation or guidance?

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

Eoin Ó Broin: Let me tease this out for a second. Obviously it is a planning decision as to whether the development is authorised. If the development is not authorised, the development has to cease. The issue then is whether the physical infrastructure of the development has to be dismantled and what happens if there has been significant damage to the surrounding built environment, natural environment...

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

Eoin Ó Broin: Where is it set out in that section?

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

Eoin Ó Broin: It is not even to strengthen it; it is more to be clear about what is available. At the moment I am thinking of 20 to 30 historical housing estates that are not taken in charge. Clearly a lot of those are finished but some of them are not finished in the sense that subsequent phases are with receivers. Obviously receivers are trying to ensure they get a return for their creditors. ...

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

Eoin Ó Broin: Basically, my question is about the four weeks and the six weeks.

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

Eoin Ó Broin: So it is six weeks and a fine, and then an additional one week and a fine.

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

Eoin Ó Broin: Yes, it is quite specific.

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

Eoin Ó Broin: I want this to be crystal clear because the explanatory memorandum is not as clear as I am asking the Minister to be. Is this provision for what we commonly understand as retention and substitute consent - the Minister clearly addressed substitute consent - but not for what we commonly understand as retention?

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

Eoin Ó Broin: My next question was the subject of discussion previously. I ask the Minister to clarify something. The Cathaoirleach will remember this particular question, which I do not believe has been clarified yet. Section 126(3)(a) states: Where a person applies under this Chapter for retrospective consent for development, that person may also include in the application an application for...

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

Eoin Ó Broin: My question is very specific. It is just in order that I am clear. The phrase "consideration of the matters to which it is required to have regard pursuant to this Act" means all regular planning rules-----

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

Eoin Ó Broin: The section states that where the Commission has served a direction to cease activities-----

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

Eoin Ó Broin: My apologies, I am not seeing this.

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

Eoin Ó Broin: I thought the Minister said page 262.

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

Eoin Ó Broin: Is there anywhere in legislation, regulations or guidelines where "remedial measures" is defined? Defining it is probably the wrong thing to do because we do not want to be too prescriptive as we do not know what might happen in the real world. However, what about where there is guidance for local authorities or planning authorities when dealing with what "remedial measures" may or may not be?