Mr. Dave Walsh:

On the first question on how many times the board has varied designs or decisions, I cannot say because I do not sit on every single case. We do not track whether a floor has disappeared or a block is amended. Sometimes they are subtle and sometimes not, but each case is assessed on the basis of its particular location and its proximity to other developments. It is very difficult to say that a five-, three- or seven-storey building here will not have the same impact as a seven-storey building somewhere else. Judgments and assessments are made on the basis of a building's impact on daylight and sunlight, including in respect of its future occupants. We often think about what is happening for properties and people who are living in the area already, but one of the key considerations is what the quality of life and space and size are. Do they meet the minimum requirements? Do people get enough sunlight and daylight into their amenity space or balcony? I am aware and have sat in meetings where there have been instances where not only have we removed some floors, as recommended either by the planning authority or the inspector, but in some respects we have removed some blocks, particularly on a larger scale, where we feel open space is at more of a premium. The board has the scope to make those amendments and to look at it, but our job is not to redesign the thing to make it right. Where we feel those additional measures can address the key concerns and requirements around standards, that is an option open to the board.

On the Deputy's other question on parties who may not have participated in the process, judicial reviews are generally taken by people who have engaged, either as an observer in the local authority or as an observer and submitter in the board's direct applications. That is a requirement for someone to then take a judicial review. It is irrelevant to the board whether they are raising major or minor issues. If somebody makes a valid submission and observation on an application or appeal, that person is party to the decision and will get the due consideration that everybody else will get. Obviously, if the individual only identifies one issue or talks about compliance with EU law, that is as much a consideration as whether it has an impact on amenities in a residential neighbourhood. That is the practical approach. I am not sure if that addresses the Deputy's question. I do not have numbers on it but that is the reviews.