Mr. Conor Linehan:

I would not suggest it is widespread but undoubtedly the use of section 5 has moved away from its original purpose. I explained that it was intended to be a mechanism where somebody, typically a landowner, would ask the planning authority whether a planning application was needed. There have been some instances where it has been used by people with no interest in the land. They have raised this question with a planning authority. As Mr. Flynn has said, there are many cases where it is very helpful to get an answer to this question.

There are other scenarios where it is used in local planning battles. It is very few scenarios, but it has been used for that purpose. As to the rationale for the amendment seeking to remove the provision that any person can apply and confine it to a landowner, I imagine it has something to do with that. That is the only rationale I can identify.