Ms Rachel Minch:

Leaving aside compatibility, for a start, the provisions introduce new concepts that probably will be litigated as to what they mean. What does it mean to be "directly or indirectly materially affected" by something? The provisions also state, "by the matters to which the application relates". The provision is not necessarily for the applicant to be affected by the development, but "the matters to which the application relates". What does that mean? This is not necessarily bad or good, per se, but when making changes, new questions are opened up as to what they mean. There are questions of interpretation as to what they mean.

With regard to compatibility with our house and EU law requirements, we have been making the point that whether someone i "directly or indirectly materially affected", he or she has standing provided he or she has raised the matter before the decision maker. If that is unduly restricted, someone would be limited to the grounds that he or she had raised before the decision maker, and we have been making points on some of the requirements relating to the NGO restrictions that I have mentioned