Oireachtas Joint and Select Committees

Wednesday, 27 March 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

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

At the end of our discussion yesterday, we were talking about section 82(3)(a) and (b), which obviously is a restriction on who can challenge the eligibility of a planning application to the local authority. As members know, the section restricts that to the planning authority itself, the commission, the owner of the land or to a person who has a legal or beneficial interest in the land. My understanding from the conversation yesterday is that the purpose of this section is to avoid a situation where planning authorities are essentially being asked to adjudicate on legal title and land ownership. That is a matter at a later stage for possibly the courts or others. While I understand that, there are two areas on which I am asking the Minister of State to give a commitment he will talk to his officials about between now and Report Stage. The first is obviously cases where there might be a pending application for adverse possession with the land registry, and the second where there might be some other legal dispute over land titles that may be, for example, in probate. The only reason I am specifying those two, which are quite narrowly defined, is that there could be very legitimate reasons why somebody who is contesting title either in probate or through adverse possession with land registry might have a material interest in challenging the eligibility of a planning application. Will the Minister of State consider those?

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