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

Eoin Ó Broin: I think we are in for a long afternoon. We are told there is an ongoing review of the judicial review process in another Department, yet profound changes to the judicial review regime are being introduced in this Bill. That seems to me to make no sense whatsoever. Generally, we are told the reason we cannot have legislative reform, for example yesterday on compulsory purchase orders, CPOs,...

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

Alan Dillon: .... That is central to this Bill. Extensive discussions have been held with the Office of the Attorney General on the legal advice on the preparation of these provisions. That analysis has taken a long time to prepare. It is embedded in this section. It is really important that we have sound advice and analysis in that regard. As the committee will understand, this legal advice is not...

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

Eoin Ó Broin: ...based. We had to fight to get it by threatening an FOI application. We eventually got the evidence in the form of a spreadsheet showing a set number of large-scale planning applications and how long they were in preplanning, planning, further information and appeals. When we saw the actual evidence, it did not support SHD and we made that case at the time. We argued for statutory...

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

Cian O'Callaghan: ...Court judges to speedily look at judicial reviews. Overall, as a society, the gain we would get for this would be well worth it rather than bringing forward changes that will potentially lead to long delays and satellite litigation. For the life of me, I cannot understand this. I understand the Attorney General gives legal advice. That is the function of the Attorney General to the...

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

Steven Matthews: We will just deal with the timelines. A JR is a two-way process. It is not always in the control of one person to determine how long it will take because someone can look for a stay. It is probably a difficult question to answer definitively. I will give the Minister of State an opportunity to do so.

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

Eoin Ó Broin: ...we get to them. However, the more basic point is that the Minister of State is coming to us, a bit like the last discussion, saying this is going to speed things up but we should not ask by how long because he does not know as there is no analysis. Here we are again, saying this is going to be much better, with greater levels of cost protection, but just do not ask the Minister of State...

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

Eoin Ó Broin: We will see about that. For a long time it was virtually unheard of for residents' associations to take judicial reviews on residential developments. It was literally exceptionally rare. The surge of judicial reviews that took place a number of years ago has now significantly dissipated. There are fewer and fewer judicial reviews being taken by residents' associations, so I am trying to...

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

Darragh O'Brien: ...-out – relevant information will be available online. It is not practical to store all correspondence in hard copy format indefinitely, and under GDPR certain information should be stored only for as long as is necessary. I cannot accept this amendment from a document-management point of view. However, I acknowledge some planning applications are of historic importance. All our...

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

Ivana Bacik: ...in these amendments, which it argues will simplify the compulsory acquisition process. This relates to the bigger problem of the current compulsory purchase order, CPO, process taking far too long. That is generally agreed. With thousands of properties lying vacant and a scourge of vacancy and dereliction countrywide, there is an understanding that we need to streamline and simplify...

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

Darragh O'Brien: ...soon be available for publication. It is undergoing final checks in the Attorney General's office. That the State will be able to capture part of the uplift in value of a site due to rezoning is a long-overdue measure that needs to be taken. We put a lot of work into that Bill. I expect its publication to be imminent. It is to be hoped it will be published in advance of Report Stage...

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

Ivana Bacik: ...the Minister for his comprehensive response and for providing some clarity on the publication of the proposed land value sharing and urban development zones Bill. We are conscious it has been long awaited. It is on this basis that we proceeded with these amendments. As I said, we had already produced a Bill that passed on Second Stage in the Dáil in June 2021 on this very issue....

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

Darragh O'Brien: Yes. Final checks on the Bill are being undertaken by the Attorney General and his office prior to publication. It is imminent. It depends how long more we are in this committee.

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

Darragh O'Brien: ...way through, and the committee engaged with that. Pre-legislative scrutiny, stakeholder engagement, the planning forum - all of that was done. There is no way we will stop with the Bill. For how long does one consider the LRC report and its recommendations? I contend - I would, would I not? - that this is a sensible approach to it. We need the legislation passed, and Deputy Ó...

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

Cian O'Callaghan: ...No. 1087, I also met representatives of staff and their union Fórsa about this Bill and they articulated their views on it. One of the key concerns they had was about the proposed name change. Long-standing staff especially placed particular value on the name. They felt the name change did not recognise the huge value of all the work, which we would all recognise, the staff put in...

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

Eoin Ó Broin: .... 1144: In page 648, line 25, after “fees” to insert “on a full cost recovery basis”. This is my final amendment and is the last chance for the Minister to be generous in this eight-week long saga.

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

Darragh O'Brien: Plus there are only two other amendments, which related to the Long Title. There is quite a bit in this grouping but it is up to the Cathaoirleach and I can read my response into the record.

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

Darragh O'Brien: ...“development;” and substitute the following: “development; to provide for proper planning and sustainable development in the interests of the common good;” These amendments relate to the Long Title of the Bill. Amendment No. 1193 amends the Long Title of the Bill to clarify that the purpose of the Bill is to consolidate and revise the law relating to planning...

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

Eoin Ó Broin: ...it stands, unfortunately, I do not share the Minister’s view of the legislation and will continue this debate when it gets to Report and Final Stages and when it goes before the Seanad. It has a very long way to go before it meets the objectives the Minister set at the outset of this process.

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