Dr. Fred Logue:

I do not think so because guidelines are guidelines. The standard to date is to have regard to them. There have been issues with the misinterpretation of the SPPRs, particularly by An Bord Pleanála, and some recent litigation. I do not blame those involved. When something new and complex is introduced, it is open to interpretation. It is the courts, not necessarily the Legislature, that interpret legislation. What may have been intended is not necessarily what will result in the legal interpretation. I am not blaming An Bord Pleanála.

There has been some commentary from the courts that the SPPRs have lacked clarity, particularly where they materially contravene the development plan. If these things are to be used to materially contravene, there must be clear language relating to them in the context of how they are drafted. A great deal of thought has to go into that level of detail about making them robust, as the RIAI has stated. We have to have very good policy statements, not wishy-washy or vague ones. The more enforceable they become or the less the phrase "have regard to" is used, the clearer the language has to be. They are more like legislation than guidelines, which leave discretion to their application.