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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: I will do that but you have wasted a few minutes already in your attempt to-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: I thank the Chair and appreciate his generosity. The first thing is that most local authorities do not have a data set to allow them to make the assessment of the overall housing need. Looking at section 219(5), it refers to the national planning framework but that provides no granular data whatsoever. It talks about the summary of social housing needs assessments but that only includes...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: I have a general point and then a question in support of Deputy O'Callaghan's amendment. Last year, the total number of new-build apartments delivered was approximately 11,000, according to the CSO completion data. Through analysis of stamp duty transactions, the total number of apartments purchased is approximately 800. There is clearly an issue here. As Deputy O'Callaghan has said, the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: It is a very selective set of quotations from the court judgment. It is one of the only court judgments we have had looking at the issue of property rights and how they interact with the State’s policy attempts to meet housing need. It is also an incredibly progressive decision. One of the points that Dr. Rachael Walsh, one of the country’s leading constitutional law experts,...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: It was referred by the President to the Council of State with that in mind. It is the same thing but, yes, the Minister of State is correct.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: But only on public land. If it acquires private land, it has a flexibility in that regard. Is that correct?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: May I speak briefly to Nos. 902 and 904?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: Without repeating the extensive debate we had previously, I assume in the Minister of State's response we are going to be told that these are matters for building control rather than for the housing strategy. All I would say to the Minister of State, and through him to his officials, is that at some point this is going to have to happen. At some point, if we are to meet our embodied carbon...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: I will make three very short points. First, CPO does not work insofar as it takes too long and is too expensive. There is no legal or constitutional reason compensation should require market value, especially when there is such a gap between the existing-use value and the market value. One of the reasons our local authorities are less likely to CPO land for housing is that it is...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: I suspect after the local elections, but that is another day's argument.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: I have a quick question, is 0.1 ha the same as is in the existing Act?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: By way of an actual example a planning application for a site off Pearse Street was approved. It has more than ten units of accommodation on a site of that size and has been granted planning and should have Part V. I know it might not happen a lot but it will happen more in our urban areas. I fully accept there is a certain level of units where viability becomes a problem but we now have...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: What page is the Minister of State on?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: Is the Minister of State saying the local authority could refuse to exempt them from Part V on such a site?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: I wish to make a point of clarification. With respect to subsection (3) and the 0.1 ha. I have just checked the details here. The York Road development was originally proposed to be 15 storeys and 48 units. Dublin City Council granted permission for 14 storeys and 35 apartments. Is the Minister of State categorically saying that both under this legislation and, I think, under section 97...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: Particularly in the Ringsend area, knowing the level of social housing, in granting permission for 14 storeys and 35 apartments, which is obviously less than what was sought, I would be genuinely surprised if Dublin City Council would not have sought the 10% Part V which would have been required given when the land was acquired.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: Just to be clear, the officials are telling the Minister of State that the local authority absolutely has discretion to refuse the certificate.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: I move amendment No. 893: In page 403, between lines 28 and 29, to insert the following: “(e) have regard to Ireland’s climate targets as per the Climate Action and Low Carbon Development (Amendment) Act 2021.”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: I move amendment No. 895: In page 403, between lines 33 and 34, to insert the following: “(b) the Local Authority’s own Housing Needs Demand Assessment and any other data that may be available and in the view of the planning authority may be relevant to ensure the housing need assessment is based on the most up to date and detailed data available,”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (17 Apr 2024)

Eoin Ó Broin: I move amendment No. 900: In page 404, between lines 16 and 17, to insert the following: “(l) the distinct existing need, and likely future need, for housing, including social and affordable housing, for Irish speakers in Gaeltacht areas to ensure the viability of Irish as the spoken language of the community, and the need to mitigate the potential negative impact on the use of...

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