Results 41-60 of 2,696 for speaker:Ossian Smyth

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

Ossian Smyth: Amendment No. 924 sought to amend section 235(4)(b)(i), which relates to notices requiring "the demolition, removal, alteration or replacement of any structure" by also requiring the “restoration” of such a structure. The function of this section is to remove or discontinue a use or structure. The level and requirement to restore land on foot of a notice under this section is...

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

Ossian Smyth: Amendments Nos. 925 and 926 are of a technical and drafting nature and seek to bring clarity to the provisions as drafted. They relate to section 236 of the Bill, which sets out provisions consequential on a notice requiring the discontinuance of works or use of land; the removal or alteration of a structure; or works or use of land to be subject to conditions. This amendment merely splits...

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

Ossian Smyth: Amendments Nos. 930 and 931 propose to amend section 242 to provide that in addition to being able to declare an area of special amenity based on its outstanding natural beauty or its special recreational value, it should also be possible to make such a declaration in respect of areas of "cultural importance to the community or to the nation". The purpose of this section is clear. Under...

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

Ossian Smyth: Amendment No. 940 seeks to insert a new provision allowing land to be declared access land and sets out the procedures for same. This amendment would introduce significant changes to the right of access to lands. This is not the function of the planning system. It would introduce significant legal issues relating to land ownership and consequent liability considerations, notwithstanding...

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

Ossian Smyth: Amendment No. 941 seeks to amend the right of way procedures in section 246. It states: 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 heritage, natural...

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

Ossian Smyth: If you have worked on county development plans, you will have put rights of way in them but the legal vindication of a right of way is not a local authority function; it is a legal function.

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

Ossian Smyth: Perhaps it is the Property Registration Authority. No, it is Tailte Éireann.

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

Ossian Smyth: I understand it can identify one but it has to be registered with Tailte Éireann.

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

Ossian Smyth: It identifies it, maps it, maintains it and puts it in the county development plan, but the registration is under Tailte Éireann.

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

Ossian Smyth: The Deputy should look at sections 244 and 245. Section 244 is on the creation of rights of way by agreement and section 245 is on the creation of rights of way through compulsory purchase. The local authority cannot point to a piece of land that is privately owned and announce that, from then on, it is going to be a right away. It does not have that power. If there is an established and...

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

Ossian Smyth: Yes, the process-----

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

Ossian Smyth: Tailte Éireann is where the registration happens.

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

Ossian Smyth: The identification is the function of the local authority. It registers the right with Tailte Éireann and is responsible for mapping and identification thereafter.

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

Ossian Smyth: It is in sections 244 and 245.

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

Ossian Smyth: The amendment is not about the creation of new rights of way; it is about the vindication of existing rights of way. That is where-----

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

Ossian Smyth: Amendment No. 941.

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

Ossian Smyth: I move amendment No. 911: In page 406, line 21, to delete “chapter” and substitute “Chapter”.

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

Ossian Smyth: The idea is that the local authority identifies existing rights of way that are well grounded, which probably means registered with Tailte Éireann, or else that are long held. Those rights of way may not be fully public and may be restricted in some way, such as for the purpose of moving cattle from one place to another. The provision in the legislation refers to the process of the...

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

Ossian Smyth: I thank the Deputies for clarifying this for me. If we look at section 246 we can see some additional and supplemental provisions with respect to public rights of way. I am looking in particular at subsection (2) whereby, with regard to a right of way required by the section to be maintained by a planning authority, a person shall not damage or obstruct the way or hinder or interfere with...

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

Ossian Smyth: It states in section 246(4) that where a right of way required by the section to be retained by the planning authority is damaged or obstructed by any person, the planning authority concerned may repair the damage or remove the obstruction. The expenses incurred by it in the repair or removal shall then be paid by that person. Whoever obstructed the right of way has to pay for the removal.