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)

Photo of Steven MatthewsSteven Matthews (Wicklow, Green Party) | Oireachtas source

To go back to the question of grounds, if people do not raise certain grounds in their submission to the board of the planning authority, they may not be in a position to raise it on the judicial review stage. Someone can make a submission to the planning authority in week two, three, four or five of the timeframe that is open for submissions. There are certain things that may or may not have happened after someone has made a submission but which could be valid grounds for judicial review. In the judicial review someone might raise the ground that there had been inadequate assessment or inadequate reasoning given, but that person could not have raised that in the submission because those things would not have happened yet. How would that anomaly be squared?

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