Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

Let me pose two scenarios, because I am only getting to grips with this section as we discuss it. Let us look at the first scenario in the context of what is here. I am a landowner or developer. I submit a section 10 declaration request and I get back a positive response that it is exempted development. I then proceed with the development but it is legally challenged. I then have the right to submit that section 10 declaration as conclusive evidence, and the final matter, in court. Let us imagine, however, circumstances where I put in my section 10 declaration request and it is deemed not conclusive. This is legally challenged and the third party who challenges it has a copy of my section 10 declaration that says-----