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Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: Basically it is just putting the statutory instrument on a primary legislative footing.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: What is the benefit of this? I am not against anything that strengthens building control.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: This is very helpful. On Ms Neary's final point, the briefing note speaks about there being no process of rectifying an oversight or error at present. The two words used are "oversight" and "error". The opening statement of the Department spoke about either "act" or "omission". I much prefer the language in the briefing note because it would mean, for example, if I was able to demonstrate...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: It is important that we have very effective building control sections. Dublin City Council in particular has a very strong building control section, as Ms Neary knows. It would be a real shame if, by virtue of a sensible regularisation function, we undermined the ability of building control sections to take robust action against those people who are wilfully abusing the system. If there...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: This would be for the extreme cases.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: Sure.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: I know I am speaking about real-life cases but if we take the case of Larkfield House one thing the developer has been able to do, and this is a matter of public record, is use the planning permission retention process to prolong the period under which the building is illegally occupied. As Ms Neary knows, it has been fully occupied since 2018. This has created a mechanism by which through...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: Sure.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: If a local authority building control section wanted to proceed to prosecution, this would not in any way limit its ability to do so.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: In fact, it could do them in parallel. It could be regularising the building and prosecuting for bad behaviour.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: Is Mr. Kelly saying that it is not the Department's intention nor Government's intention to restrict access to social housing support as a consequence of these rules being put into primary legislation? So the system should make the same types of decisions albeit on a statutory basis rather than a circular basis.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: They do.

Written Answers — Department of Finance: Tax Code (18 Apr 2024)

Eoin Ó Broin: 149. To ask the Minister for Finance if stamp duty is paid on any Part V, affordable housing fund turnkey purchase or CREL-funded turnkey purchase homes. [17190/24]

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Eoin Ó Broin: I move amendment No. 930: In page 431, between lines 1 and 2, to insert the following: “(c) its cultural importance to the community or to the nation,”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Eoin Ó Broin: I move amendment No. 931: In page 431, between lines 10 and 11, to insert the following: “(c) its cultural importance to the community or to the nation,”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Eoin Ó Broin: I move amendment No. 941: In page 436, between lines 2 and 3, to insert the following: “(5) It shall be the duty of a planning authority to vindicate public rights of way where they exist, and to work to establish rights of way, where possible, to advance the right of people to access any monument, seashore, mountain, lakeshore, riverbank or other place of cultural or natural...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Eoin Ó Broin: I move amendment No. 945: In page 436, between lines 2 and 3, to insert the following: “Landscape conservation areas. 247. (1) A planning authority may, by order, for the purposes of the preservation of the landscape, designate any area or place within the functional area of the authority as a landscape conservation area. (2) (a) Notwithstanding any exemption granted under...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Eoin Ó Broin: I move amendment No. 954: In page 441, between lines 4 and 5, to insert the following: Judicial review of applications, appeals, referrals and other matters 250. (1) Where a question of law arises on any matter with which the Board is concerned, the Board may refer the question to the High Court for decision. (2) A person shall not question the validity of any decision made or...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Eoin Ó Broin: I think we are in for a long afternoon. We are told there is an ongoing review of the judicial review process in another Department, yet profound changes to the judicial review regime are being introduced in this Bill. That seems to me to make no sense whatsoever. Generally, we are told the reason we cannot have legislative reform, for example yesterday on compulsory purchase orders, CPOs,...

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