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. Robin Mandal:

I will add one thing. At the start of my statement I purposely stated that the DDPA is an unincorporated alliance. If this Bill is passed, we are banned from ever making a judicial review on anything under the planning Act. Not that we would ever want to, or would ever hope to. However, we have been disenfranchised, full stop. That should be said. The other point we have missed in this is that one of proposed changes is that during an appeal a developer can submit to the board a different scheme from the one refused by the local authority. It is in our submissions and we can highlight the relevant sections if necessary. That really takes a huge bite out of the rights of the third party who took that appeal, if it is a third party. It could be a second party. I have listed it here, and it should be taken out. The board has the authority, under the same part, to impose conditions. Those conditions can do exactly what the developer might have wanted. However, the developer should not be entitled, without any public input, to make a change to a scheme that is being appealed. That is really important. I once again apologise to everybody, but one of the things that concerns me about this Bill is that it is so badly written it is a festival of dispute. I know where it came from, and I know what drove it. It should not be there. It should never have been allowed in.

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