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)

Ms Cl?ona Kimber:

As for the standing for judicial review, there is a significant change. Two types of "entity" - I use that word very loosely - would be able to bring a judicial review, that is, a physical person and a corporation. Physical persons would have to bring it themselves in their own name. Apart from that, there would have to be a corporation, that is, something registered under the Companies Acts. A residents' association is neither of those and would not have a standing to bring a judicial review, so it would have to be either a person, that is, Clíona Kimber, quaClíona Kimber, bringing a judicial review or a registered company within the definition of the Companies Acts. Even then the registered company has to pass a resolution of its members. Those are the changes in section 249 of the Bill, as I understand them. It is a huge restriction. I think it is also-----

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