Results 561-580 of 13,755 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 promise my next comment will be critical of the Minister, just to get back to the norm.

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

Eoin Ó Broin: By way of explanation, this amendment relates to a number of sections. I want to make a general comment on the sections first and will then speak specifically to the amendment. It relates to a request for an alteration or extension of a permission. In particular, it relates to sections 134 and 135. My amendment is specifically to section 136 but it also pertains to section 137. This...

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 subsequent questions. When the Irish Planning Institute, in its correspondence to us, suggested there is no discretion to refuse and no right to appeal, is that a correct interpretation of these provisions?

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

Eoin Ó Broin: Yes.

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

Eoin Ó Broin: Will the Minister explain that difference in order that I am clear on it?

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

Eoin Ó Broin: Is that section 135(5) a new provision or an existing provision from the Act?

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

Eoin Ó Broin: Would this then allow for all of those specific issues that concern the eventual taking in charge of the estate, for example, the finishing of the roads or the finishing of the car parking as outlined in the original planning permission, or completing some open green spaces? Let us consider, for example, a housing estate with three or four phases to it and phases 1 and 2 homes are complected...

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

Eoin Ó Broin: Yes.

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

Eoin Ó Broin: Sure. Absolutely. I ask that the Minister would consider one issue in his deliberations. He pointed to section 137(1)(a) and the provision "subject to such conditions (if any) as may be imposed under section 84". That would give the ability to attach additional conditions in a material alteration.

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

Eoin Ó Broin: That does not apply to non-material or to extensions to duration. Am I correct?

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

Eoin Ó Broin: Is that duration in all circumstances?

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

Eoin Ó Broin: That would mean conditions are applicable-----

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

Eoin Ó Broin: -----if such a thing is deemed necessary. I must ask, so I am clear. Let us go back to the Bill's definition of "material" which is on page 264. Section 133(1) states that a material change is one that requires "an appropriate assessment, "an environmental impact assessment, or a Natura impact statement" in respect of the alteration or extension. Is it section 133(1)(d) that does that...

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

Eoin Ó Broin: So the Minister is saying that subsection (d)-----

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, is that subsection (d) saying that any request for an extension of duration would be seen as material-----

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

Eoin Ó Broin: Okay. That is just for clarity.

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

Eoin Ó Broin: For the purposes of clarification, given that lots of other timelines are set out in the legislation, why by regulation here and for what type of timelines? This is just out of interest more than anything else.

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

Eoin Ó Broin: Apologies. I thought the Minister said in his previous comment that the change to "may be prescribed" would be by way of regulation. Is the Minister saying it is by regulation or by other sections of this Bill by way of primary legislation or both?

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

Eoin Ó Broin: So my question is still the same. For example, some of the statutory timelines, whether they apply to the commission or elsewhere, are actually set out in the legislation. I am trying to understand-----

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

Eoin Ó Broin: Yes. I am not arguing against it; my query is just for clarity.