Results 1,961-1,980 of 6,937 for speaker:Cian O'Callaghan

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: I am asking if subsection 12(8)(b)(i), where it refers to "overground electronic communications infrastructure"-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: It does not include overground-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: Where is that?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: Subsection 12(1) relates to the definition of "network operator", not a definition of a public electronic communications network. Surely there is a difference between subsection 12(8)(b)(1), "overground electronic communications infrastructure" - that is a different phrase - and the explanation of what a network operator is in subsection 12(1)(a), which refers to "a public electronic...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: I am concerned because an advertising structure with a Wi-Fi spot is overground and electronic. If the Wi-Fi is communications, surely that fits into this overground electronic communications infrastructure.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: Should there not be a reference, then, in subsection 12(8)(b) stating that-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: Okay, because the reference is in paragraph (a). I understand.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: The issue is that sometimes a good engineer manages to capture this and sometimes he or she does not. We are dealing with the legislation that allows for the licences and the opening of the roads. From what I can see, this is costing the public millions in proper repairs when substandard repairs have been done and let go over time, or when the local engineers or whatever feel they do not...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: I would take a different view on that. If there is a good road surface, and if a utility or a company gets a licence under this Bill to dig it up and reinstate it, the cost for proper reinstatement of that surface should not fall with the public or the local authority. I appreciate there are provisions in the Roads Act, but this section of the Bill relates specifically to the granting of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: Yes, but if these legislative provisions are no different from the ones at the moment, and it is definitely my strong view that the ones at the moment are not working sufficiently to protect the public interest, that wording about conditions, "including conditions relating to location and design", does not specify this area. If a utility or a company keeps getting licences, opening up roads...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: Yes, but if a utility or a company gets a licence to lay down cables under the road surface, for example, is the local authority's ability to refuse a road opening licence based on previous poor reinstatement of works not limited and restricted? The companies effectively have a right under this Bill, understandably, to get a licence for putting in these cables.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: I do not think that covers this. The Bill states: Where, in the opinion of the planning authority, an appliance, apparatus or structure for which a licence has been granted under this section ... causes an obstruction, or becomes dangerous ... If a company has a licence to put it in a piece of infrastructure that becomes dangerous or becomes an obstruction I am sure there would be an...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: I will let the Chair in after I make one more point. All that could be implicit here. It is certainly not explicit. It is open to interpretation. Ultimately, if a planning authority refused permission for a licence based on that and it ended up in court there is a lot of ambiguity there. One could well have a case about whether those provisions are sufficient for a planning authority to...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: My point is that there is nothing new in these provisions, as far as we know, and the current situation is one where millions of euro are being spent on proper reinstatement and the cost is picked up by the public when there is poor practice. That is also unfair to the utilities and companies that put in good practice at considerable cost and do a good job. Others do a poor job and...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: Yes, but the legislation here should be strengthened. It is an area I might return to on Report Stage.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: I move amendment No. 113: In page 54, line 28, to delete “4 weeks” and substitute “6 weeks”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: I move amendment No. 114: In page 54, between lines 30 and 31, to insert the following: “(c) Notwithstanding this subsection, where the licence involves environmental impact assessment or appropriate assessment, no deemed grant of permission shall arise where a planning authority fails to make the decision within the periods referred to in paragraph (b) or (d).”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: I move amendment No. 115: In page 55, to delete lines 19 to 32 and substitute the following: “(9) (a) Any person may appeal the decision by a planning authority of an application for a licence, a continuation of a licence, a condition of a licence, or a revocation of a licence under this section to the Commission, not later than 4 weeks from the date of the publication of the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: I move amendment No. 116: In page 56, to delete lines 27 and 28 and substitute the following: “(V) revoke the licence, or (ii) refuse the licence.”,”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (28 Feb 2024)

Cian O'Callaghan: In the context of putting this into legislation, are we sure that the CSO's language in terms of small areas is not going to change? Should the criteria of what constitutes a BUA not be more specifically defined? Is the definition robust enough? What is the significance of an area being defined as a BUA? Will the Minister of State explain the significance of that.