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
Steven Matthews (Wicklow, Green Party) | Oireachtas source
We can put that question to the LGMA when we speak to its representatives. I think it is an omission that there is no provision for third parties and it would be helpful if we were to retain it.
I find some of the wording in section 249, which deals with judicial reviews, very troublesome. Subsection (5) states that "any of the bodies concerned may make an amended decision, correcting any error of law." That is an extremely broad provision to put in any legislation. It gives limitless power to change an error of law. Will Mr. Ryan confirm the rationale for it? The decision cannot be changed but the processes within the decision - how the decision was arrived at - may be changed. However, if the error of law is significant, could that cause the decision to be amended?
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