Oireachtas Joint and Select Committees

Tuesday, 7 February 2023

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Planning and Development Bill 2022: Discussion

Mr. Paul Hogan:

Absolutely. It is very unfortunate that it has become embedded as a sort of final stage of the planning process. The way we see it is that the area plans should be the first stage. That is where people get involved to influence and shape what can happen, informed by appropriately tailored national guidance and a national plan. This is the first stage. The planning application stage with the local authority is the next stage. It is an efficient process but there is scope for public participation.

The third stage is with An Bord Pleanála and is an important piece of access to justice. An Bord Pleanála is a quasi-judicial body that is able to make court-like decisions on the interpretation of the law and all of the plans. That is an appeal mechanism that does not necessarily exist in other jurisdictions because it allows for widespread third-party appeals. There are only two other jurisdictions in Europe, in addition to Ireland, that allow third-party appeals. None of the other countries allows this. It is a very open, accessible process. Realistically, a judicial review should only be required in egregious or drastic circumstances. It should be a "check and balance" of the overall system rather than a normal part of the process. People clearly need access to that in accordance with Aarhus rules - we are not taking that away - but it should not be expected as a norm.

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