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 Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

To go back to the issue of costs, and section 250, although it is only a general scheme head, this limits access to the scheme to non-compliance with national and European law. To what extent would this narrow cost-protection and cost-recovery perspective apply in the context of the Heather Hill judgment? I presume in the aftermath of that case there are many others that would be eligible for cost recovery under the cost-protection rules. I refer to the provisions as they are initially set out in the general scheme head of section 250, and these aspects not being included in that. Is this a concern? If Ms Minch has a separate view on this topic, I would be interested in hearing that as well.

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