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:

Just so there is no misunderstanding, there is be a view among some NGOs and lawyers that even section 50B does not meet the requirements of the Aarhus Convention and European law. That view would be heavily contested, but it is not universally accepted that the status quocontained in section 50B is entirely adequate. There are differing views in that regard. What we are saying is that what it means is settled to a degree and it gives a certain amount of costs protection and ability to have costs recovery. Even from the developer perspective, the fact that it is settled is quite reassuring for them because they know where they stand with. They might not be entirely happy with it but they know where they stand.

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