Oireachtas Joint and Select Committees

Tuesday, 8 December 2020

Joint Oireachtas Committee on Housing, Planning and Local Government

Planning and Development Bill 2020: Department of Housing, Local Government and Heritage

Mr. Eamonn Kelly:

Yes. It is everything again. The first stage did not have public participation. It focused exclusively on the first step. The developer had to prove or show how it was exceptional. Assuming the developer got through that step, then it had to go to the public participation element. This is one of the faults that was found in the recent Supreme Court case where it was said that the members of the public were not given the opportunity to consider the issue of exceptionality in itself rather than the substance of the application. That is going to be reintroduced.

Notwithstanding cases already decided as being exceptional, we are mandating that the board does not take into account any decision it made previously and it will be accepting submissions from members of the public, which will now mention exceptionality. The board must make a further decision. Would the Deputy like me to go through the exceptionality and how and what it is?

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