Oireachtas Joint and Select Committees

Thursday, 26 May 2022

Joint Oireachtas Committee on Housing, Planning and Local Government

Review and Consolidation of Planning Legislation: Department of Housing, Local Government and Heritage

Mr. Paul Hogan:

There is considerable case law on this issue and the review identified that the phrase is repeated and referred to for certain responsibilities and requirements, particularly in relation to ministerial guidelines. That is the most important use of it. It has been interpreted for us by the courts and I can only give a court interpretation which would have validity, as opposed to my own. The interpretation is that it needs to be taken into account and consideration and be looked at, but it can be disregarded. That is where it is at.

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