Oireachtas Joint and Select Committees

Wednesday, 10 April 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

We have looked at this issue. My clear view is that it is well provided for already. In section 123, subsections (2)(a)(i) to (2)(a)(iv), inclusive, detail the requirements regarding decisions. The requirement to "state the main reasons for the decision and the main considerations on which the decision is based" means the need for detail is well covered. I do not intend in any way to be difficult by pointing out that inserting the phrase "in detail" raises the question of how that requirement is defined. I contend strongly that the provisions as to how a decision must be arrived at and the reasons for that decision are well covered in both subsections (2)(a) and (2)(b), the latter dealing with decisions that do not follow a recommendation. I understand the point the Deputy is making but it could be argued that including "in detail" raises the question of who would decide what the detail will be. Certainly, in anything I have seen heretofore from the board, bearing in mind the commission will take over that role, the decisions and the reasons for those decisions are stated very clearly and in detail.

The inspector's reports and all the various assessments that need to be made would comprise the details required to make a decision but also the rationale for making it. We have examined this. I am genuinely lost as to how the addition of "in detail" would add to what we have, but I am open to comments.

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