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:

It is interesting. We will need to look more closely at sections 97 and 303. Looking at the restrictions to which the Senator is referring in section 97, I think that relates to allowing certain persons to be eligible to appeal if they have not made a submission to the planning authority, so they only need to meet those criteria if they have not made a submission to the planning authority. I think that is the case although, nonetheless, it might need to be looked at in regard to why all of these requirements are necessary at this point in the process. Once someone can satisfy that they are a person who has made submissions to the planning authority - I think a person can be an unincorporated association - they can appeal. Alternatively, if they decide to incorporate at that point and that incorporated body has made a submission to the planning authority, then they should be able to come in under section 97(b) and they do not need to meet the criteria the Senator has been listing, which seem to carve out an exception to the requirement to have made submissions that applies to certain eNGOs. I know there are questions as to the extent to which people need to be listed, and the names and addresses and so on. Perhaps Mr. Flynn can comment.

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