Dr. Fred Logue:

The legislation as drafted does not remove that issue. The legislation still allows for a planning application to be granted in material contravention of the development plan, effectively based on a direct effecting of a national planning statement or even the national planning framework, NPF. I know the intention was to reduce material contravention but the legislation as drafted still allows it to some degree. One can be consistent with a national plan in a multiple of ways. It allows the board to directly apply a national plan or policy even when it has been implemented through the variation procedure in the development plan. I think that will cause problems.