Cian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

Let us say there is a policy development relating to development applications and bin storage and it is not covered by national planning statements or national policy. A few years after the development plan is passed, guidance or national planning statements are issued in respect of bin storage, associated design guidelines and what needs to be done. Let us say the national policy and development plan policy are at variance. As the development plan will not instantly update and all the rest, it will take time for that material consistency to be dealt with. Is there not a potential conflict whereby a developer goes to make an application but cannot ascertain whether it should be consistent with the national planning statement or the development plan standards? What would happen in that case? Would it not give rise to more opportunity for conflict, litigation or judicial review, particularly with the wording of section 24(1)(n), which implies that the planner is meant to be looking at the national planning statements? Surely the planner is also guided by the development plan. As I know the Minister likes real-world examples, I will provide one. What happens where there is a conflict? I do not expect the issue of bin storage to end up in the courts but one does not know what will end up there. Is it just that these matters will be decided in the courts or does the legislation-----