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
Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source
How often does it come up or how regular is it? I presume that the issue is that a judicial review is taken on the basis that when a decision is granted, there clearly is some error of fact or law in the decision and the presence of that error of fact or law in the decision allows the decision to be struck out to the conclusion of the judicial review. On the other hand. when this facility is introduced midway through the judicial review the applicant, or in this case, the board, can amend its decision. The substantive decision does not change but the legal grounds for the judicial review would weaken or collapse. That is what that manoeuvre is for, is it not?
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