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Affordable Housing: Motion [Private Members] (8 May 2024)

Eoin Ó Broin: ...at prices that working people can actually afford; — this means selling new homes to eligible purchasers at prices less than €300,000, depending on size and location; — under Sinn Féin's affordable leasehold purchase scheme: — the State pays for all land and site servicing related costs and retains ownership of the land, and makes a further contribution,...

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

Eoin Ó Broin: ...of a function conferred by an enactment specified in section 214 under the Act of 2000 and which continues to be vested under section 377 relating to the compulsory acquisition of land, or (d) without prejudice to the right of appeal referred to in section 325— (i) the competent authority (within the meaning of the Aircraft Noise (Dublin...

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

Eoin Ó Broin: ...has exhausted any available appeal procedures or any other administrative remedy available to him or her in respect of the decision or act concerned. (4) A sufficient interest for the purposes of subsection (3)(b)(i) is not limited to an interest in land or other financial interest. (5) If the court grants section 250* leave, no grounds shall be relied upon in the application for judicial...

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

Eoin Ó Broin: ...area is a sense of the current housing need demand by tenure, topology, age, life cycle and disability. That is what is done in other jurisdictions, albeit not perfectly. For example, Scotland uses the housing need demand assessment at a granular level better than we do. However, we do not do that here. That means that our planning authorities are making decisions with one hand tied...

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

Eoin Ó Broin: ...behind what is, in my view, a poor interpretation of the judgment. The second thing is viability. This is one of the greatest canards in the whole debate. Part V actually reduces the market value of the land. As a consequence of reducing the market value of the land, it makes the developments more viable. As the Minister of State will know from his own experience, for the portion of...

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: ...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 prohibitively expensive. This is why two Law Reform Commission reports have strongly recommended reform in this area, among other things. My second point is that...

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

Eoin Ó Broin: ...there is a certain level of units where viability becomes a problem but we now have an SDZ in Poolbeg that is 200 units per hectare. The prospect of development sites that are small parcels of land that could yield more than four units of accommodation and be exempt from Part V is not an inconsiderable issue. I know the Minster of State will not accept the amendment but I urge the...

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

Eoin Ó Broin: ...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: ...(1) by including a reference to "its cultural importance to the community or to the nation". Amendment No. 930 seeks to amend section 242(2), which sets out the reasons for the Minister to declare land to be an amenity, by including a reference to "its cultural importance to the community or to the nation". The two amendments have been submitted by my colleague, Deputy Ó Snodaigh.

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

Eoin Ó Broin: I have two questions to seek clarification. The Land Registry, under the auspices of Tailte Éireann, is where the registration happens. Maybe the Minister of State can outline how a new right of way is created. Who has that function? Many of us have experience of the extinguishing of rights of way, which is a function of local authorities. If somebody wanted to create a new right of...

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

Eoin Ó Broin: So it is a function of local authorities, not Tailte Éireann or the Land Registry.

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

Eoin Ó Broin: ...because the Minister of State seems to suggest that the ground on which he is not willing to accept the amendment is that the function is that of another agency, namely Tailte Éireann. The Land Registry, in Tailte Éireann, is just where you register. It holds the register. The amendment proposes that, in working to establish rights of way, a local authority would have to use...

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

Eoin Ó Broin: ..., is legally binding, is a really positive addition. It also goes to reassure residents, particularly where there is a development with thousands of homes, that where there is clear provision of land for amenity, parks, roads, crèches and retail, that is adhered to. That is the second time I have been in agremeent with the Minister. I hope he does not fall over. It is so rare in...

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

Eoin Ó Broin: ...legislation. I am referring to where there is a requirement to remediate such that enforcement means not just stopping the use of the development for a certain purpose but also restoring the land, natural habitat and environment to their original condition. From memory, there was quite a lengthy debate, if the Minister recalls, on the floor of the Dáil around the fact that there was...

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

Eoin Ó Broin: ...under this Chapter for retrospective consent for development, that person may also include in the application an application for permission for the following: (i) other development on the same land or maritime site on which the development that is the subject of the application for retrospective consent is situated; If the Minister remembers, when we were dealing with this consent...

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

Eoin Ó Broin: Section 317(2)(d) sets out what can be in the enforcement notice, including restoration of land or maritime sites. However, when you read section 130(8) against that, you can see that there is an exception for a quarry or peat extraction site. Here, where the unauthorised development is more than seven years old, no remedial measures can be in that enforcement notice. Does section 130(8)...

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

Eoin Ó Broin: ...doing is lowering the threshold. Yes, it will provide clarity. The worry here is that there are two types of developers. Let us take the example of residential development. Somebody acquires land, gets planning permission and wants to build and whether they are building or not depends on all sorts of factors. Could there be other people who are speculatively sitting on land, for...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: ...who can challenge the eligibility of a planning application to the local authority. As members know, the section restricts that to the planning authority itself, the commission, the owner of the land or to a person who has a legal or beneficial interest in the land. My understanding from the conversation yesterday is that the purpose of this section is to avoid a situation where planning...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Mar 2024)

Eoin Ó Broin: I move amendment No. 603: In page 195, between lines 27 and 28, to insert the following: “(c) in the case of development or proposed development which relates to land, in whole or in part, situated in a Limistéar Pleanála Teanga Gaeltachta or a Baile Seirbhíse Gaeltachta within the Gaeltacht, have regard to— (i) the protection of the linguistic and...

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