Oireachtas Joint and Select Committees

Tuesday, 7 March 2023

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Planning and Development Bill 2022: Discussion (Resumed)

Mr. Brendan Heneghan:

I understand the question. In the past week, I spent a bit of time looking at all of the court cases and it seems to me that where something is contrary to the development plan and An Bord Pleanála then ignores its inspectors, that does appear to be quite a common feature in a lot of the court cases. I am not sure if the Bill says anything particularly one way or the other about An Bord Pleanála. It should be able to ignore its inspector because at the end of the day it is the party that is taking the decision, not the inspector. In a lot of cases, however, An Bord Pleanála's reasoning has proven to be inadequate when it hits the High Court but I do not know if the Bill can necessarily address something decided by An Bord Pleanála that contravenes a development plan or what an inspector says.

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