Oireachtas Joint and Select Committees

Thursday, 9 March 2023

Joint Oireachtas Committee on Housing, Planning and Local Government

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

Mr. Paul Hogan:

It does not curtail anything. The issue is there is a need to clarify standing rights when introducing a cost protection scheme where the State is essentially committing to pay the legal fees of an applicant, a person or group of people who takes a judicial review case. We are basically saying that you need to be a legal personality to do that. Certain criteria need to be met in terms of environmental objections, duration of existence and membership. They are relatively low-bar thresholds. In not only other member states, but other states - this is wider than the European Union – they are more onerous. Essentially, it is a check and a balance on the fact that on the one hand, the State is covering people’s legal costs in accordance with Aarhus to ensure access to justice that is not prohibitively costly and giving that right to people. On the other hand, it is ensuring that it can be used for the intended purpose.

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