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)

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

That argument was made by the board. However, part of the problem is that the volume of law, both environmental and planning, at domestic, European and - Mr. Lawlor mentioned the Aarhus Convention - international level has got so complex that the distinction between a planning matter and a legal point of dispute relating to a planning decision is far more complicated. Politicians will often say courts are not the right place to make planning decisions. Of course, courts are not making planning decisions in real terms; they are either deciding on errors of fact or errors of law. Law and planning are becoming increasingly intertwined. We have talked a bit about net zero climate change. Many of the non-residential judicial reviews Mr. Lawlor is talking about often relate to potential or perceived conflicts between development applications and the environmental obligations from EU directives or others. How do we do that? We cannot go back to the good old days when things were less complicated because they are.

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