Oireachtas Joint and Select Committees

Thursday, 2 March 2023

Joint Oireachtas Committee on Housing, Planning and Local Government

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

Ms Rachel Minch:

I suppose in some respects you could say it goes beyond Heather Hill because there is possible provision for legal aid if you are not successful in relation to your case. But we think it restricts the Heather Hill ruling in the sense that the Heather Hill decision was interpreting the existing legislation, which does allow for cost recovery when you are successful. Based on the draft Bill, there does not seem to be any provision for cost recovery in the normal way beyond whatever is anticipated in this scheme that we have not seen yet.

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