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:

The problem is that, as proposed in section 250, every party shall bear its costs. This might be an exception because, by definition, the parties are not going as far as judicial review. It is like the board putting its hands up. It prevents the remittal aspect and so on. It is not as if either party has won its case because it has not been heard; it is just that the board or planning authority puts its hand up. It is reasonable that the costs not only to the applicant but also to the notice party, who will have solicitors and barristers, be addressed. It might make the board or local authority a little more careful in its judgments if it knows it has to pay the costs on making a mistake. While it will save on costs by not going to the High Court, it might make it more careful. Somebody said to the members previously that a quick decision can often be a bad decision. It is better to have a decision, taken over a longer period, that will not end up in the High Court. That makes sense.

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