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

The memo we received states that the net effect will be that a third party cannot participate in the decision to grant a section 5 declaration - we know that from section 10 - and cannot challenge a section 5 declaration when given. It is also stated that a third party cannot seek an injunction against the construction or retention of a development carried out on the basis of a section 5 declaration. My question specifically relates to circumstances where a developer puts in a request for a section 10 exemption declaration and it is denied. Despite whatever information the developer has given, the council states that the development is not exempt. However, the developer begins construction. In the meantime, a third party gets access to the section 10 declaration stating that the development is unauthorised. What we are saying here is that rather than those people being able to use that section 10 declaration or the third party being able to injunct against the development, they have to go through planning enforcement.