Mr. Conor Linehan:

Section 5 was introduced very early on in the planning regime for one very specific purpose. This was to let a landowner or somebody thinking of carrying out work or changing use know whether they needed to make a planning application. They could ask the planning authority for a declaration on whether they needed to make a planning application. The proposed amendments in the Bill seemed to recognise this. It has become a mechanism for getting a formal declaration, which becomes part of the planning history of a piece of land and can be used in planning battles within communities. There is a Supreme Court or Court of Appeal decision by Mr. Justice Hogan that states a section 5 declaration becomes part of the planning history of a piece of land.

The existing section 5 refers to "any person". The proposed change introduces the concept of a relevant person. In summary, this is an owner, occupier or any person proposing to carry out works. It removes the concept of any person being able to apply for a section 5 declaration. This is to try to remove what is seen as an element of abuse or misuse of the section 5 procedure. As originally conceived in the 1963 Act, the procedure was for people who wanted to get an answer on whether they needed to make a planning application.