Oireachtas Joint and Select Committees

Thursday, 23 February 2023

Joint Oireachtas Committee on Housing, Planning and Local Government

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

Mr. Philip Jones:

Looking at many of those judicial reviews is one of the things I do, now that I am retired. I go onto courts.iejudgments regularly. I know I am a bit of a nerd or so my wife tells me. I can see from a number of those, that a number of judicial reviews were held against the board because of what was described as an error on the face of the board's order. That went to court. A lot of costs were incurred. It was then remitted to the board to make the right decision. Therefore, it seems sensible they can do that to avoid wasting the court's time. However, I would put in a proviso that the costs of not only the applicant, but also the notice party in preparing for the judicial review should be paid to the applicant and notice party by the board because they are the ones who have brought the mistake in law to light. In other words, yes, it is a good idea up to a certain point, logically before it goes to court.

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