Oireachtas Joint and Select Committees

Tuesday, 14 February 2023

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Planning and Development Bill 2022: Discussion (Resumed)

Mr. John Spain:

These relate to the judicial review process. At judicial review, the applicant taking the case must have raised the issues at planning application stage if they were capable of being raised, rather than raising them for the first time at judicial review.

Where there is a second judicial review challenge on the same planning application, following a remittal and a correction, the second judicial review is confined to the issue raised in the first instance and additional judicial review points cannot be added at that stage to avoid the interminable roundabout that goes on at present.

Third, where the issues on which it is challenged would not make any difference whatsoever to the outcome of the planning decision, the submission should not be quashed on that basis.

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