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)

Mr. Tom Flynn:

That argument could be made. One of the arguments about section 5 is that it can be used by a member of the general public as a way of establishing whether a change of use or proposed development is occurring. If there is a complaint, the landowner can say it is an exempted development. It could be argued that using the section 5 mechanism is a way to get a resolution to such a dispute without recourse to litigation and without having to take enforcement proceedings, and that, therefore, it is a sensible use of resources. There is a countervailing argument that there is the potential for abuse of process in that people use it negatively. We need to consider very carefully excluding the general public from the mechanism. The other elements of the proposed amendments are probably relatively uncontroversial. We believe this needs to be considered.

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