Results 441-460 of 13,600 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: The amendment replaces "groundwater abstraction" with "groundwater or surface water abstraction".
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Eoin Ó Broin: Just to be clear, groundwater would be aquifers whereas surface water would be things like a reservoir or a weir. Is that the difference?
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Eoin Ó Broin: I presume it would include the Parteen Weir, for example.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Eoin Ó Broin: The applicant can proceed directly to the commission rather than go through a local authority.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Eoin Ó Broin: Are you sure we should not be dealing with section 109? Deputy McAuliffe's amendment was to section 109. We have not concluded that section. Am I wrong about that?
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Eoin Ó Broin: I have a couple of questions on section 110. With respect to subsections (3)(a), (3)(b) and (3)(c), I am unclear as to how these interact. I do not understand why, for example, in subsection (3)(a)(ii)(II) there is a four week period but in the subsequent 3(b) subsection there is a six week period. I am just trying to understand the interactions of these three subsections of the section.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Eoin Ó Broin: This is what I am trying to understand. There is a phrase here that comes up in a number of subsequent sections. Section 110(3)(a)(i) provides that the commission shall "determine the appeal notwithstanding that the period has expired". Is that-----
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Eoin Ó Broin: I understand that but am just trying to put this into plain English. If the statutory period has expired, section 110(3)(a)(i) allows the commission to make a decision outside of that statutory period. Is that it?
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Eoin Ó Broin: The commission is empowered to do that. Initially it has to do it within the four weeks but if it does not make the decision within that time frame, it gets another six weeks. Effectively, the commission gets ten weeks.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Eoin Ó Broin: I want to move now to the question of section 110(3)(b)(iv). Is it only after the ten weeks that the fines kick in, as set out?
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Eoin Ó Broin: So the Bill is giving them a statutory timeline for decisions.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Eoin Ó Broin: This applies to any general application that goes directly to the commission and that has a statutory timeline, which is set out. If they are not meeting that statutory timeline of four weeks, then they are given six weeks. Why is there a four-week and a six-week period, and then a fine after the six-week period? Is it just to give them an initial bit of latitude? Obviously, the statutory...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Eoin Ó Broin: I have two further questions. This is an important section regarding the operation of the timelines. At page 235, the Bill states: “notify the Minister and the Office of the Planning Regulator that it has not made the decision”. It is only after the ten weeks has expired that the notification to the Minister has to be made, so that in every individual application-----
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Eoin Ó Broin: Could that not be quite a number?
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Eoin Ó Broin: All things being equal.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Eoin Ó Broin: Does that only apply to those areas where the primary planning authority is the commission? This is for SIDs and those types of things.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Eoin Ó Broin: It is also for appeals.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Eoin Ó Broin: Again, this is not to argue against it. It is for clarity. If we then continue through the section, subsection (5) states: “Each report under section 454...”.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Eoin Ó Broin: Therefore, the subsection states that each annual report shall: (a) contain a statement of— (i) the number of appeals (other than LRD appeals)... I presume there is a rationale for not including LRD appeals or are they going to be reported separately in the annual report?
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (10 Apr 2024)
Eoin Ó Broin: That is just to delineate them as separate.