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
That is fine. The Office of the Planning Regulator's second-phase review report lists some 150 different judicial review cases and specifies whether those cases were dismissed, remitted or quashed. Has that list been gone through to see what can be learned from it? Strategic housing developments, SHDs, account for approximately half of the judicial reviews. Given the SHD process is finished, we should, logically, be looking at a lot fewer judicial reviews in the future. Has the list been gone through to identify the parts where things fell down, say, or the parts that need to be rectified? Did such a review inform the provisions of subsection (5) of section 249? Was it drawn up based on looking at all the judicial reviews that have taken place? It probably is possible to pick a hole in any planning application. It would be quite easy to go to the courts and say something was missed. It might be very minor but if it is technically a breach of the process, it could lead to a refusal. Was a really good study done of the 140 or 150 judicial review cases in order to be able to say, "This is where we should be going with this"?
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