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

My query relates to section 41(8), which states:

Where a development plan as made or varied departs from any relevant guidance contained in National Planning Policy Guidance, the written statement referred to in subsection (2) shall include a statement of the reasons why, in the opinion of the planning authority— (a) the departure is not detrimental to the proper planning and sustainable development of the area, and

(b) the departure is justified having regard to the proper planning and sustainable development of the area.

It is similar to previous questions. Who defines what is not detrimental or what is justified? You could obviously end up with a dispute where a planning authority states that the departure from the relevant guidance is not detrimental and is justified. I presume the Minister will be the ultimate arbiter of whether the local authority's arguments on sections 41(8)(a) and (b) are valid or not. I would like clarity on how that works in practice.