Oireachtas Joint and Select Committees
Tuesday, 19 March 2024
Select Committee on Housing, Planning and Local Government
Planning and Development Bill 2023: Committee Stage (Resumed)
Cian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source
Regarding these provisions under section 35, they are quite significant in cases where the OPR and the Minister can effectively overrule the democratic resolution by the elected members. Is there other legislation where the Minister and the OPR can do that or is this a new provision altogether?
On the second point, the Minister of State is saying this is all necessary to avoid legal ambiguity and the potential for conflict, litigation, delay, additional costs and all that, but does this not create a whole new area that could be open to interpretation? There could be different views as to what is materially consistent and what is not. Regional assembly members could take different views to the OPR and so forth. Does that not open up a whole area of potential conflict, ambiguity, delays, litigation and everything else?
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