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

While the example I will use relates to section 82(3)(a) and (b), this relates to subsection (3) and (4) in effect. The concern I have, as I outlined yesterday, is if, for example, a developer applies for planning permission that involves land they do not own but that is in public ownership - let us say a public park or open space. If the local authority executive has given the developer permission to do that but the elected members have not been consulted and have not had their say because the executive of the local authority could argue they only get a say at the point of a disposal, that would seem to be legitimate grounds for a member of the public who uses that park or lives in the local community to possibly question the eligibility of that developer to make an application. These provisions would prevent them from any recourse to the courts to do so because they are not one of the named interested persons but they are a person very much with an interest in it. I am not suggesting they should challenge this in the courts but my concern is these provisions absolutely prevent them from doing so. That is the kind of conflict where a member of a local authority may wish to challenge that in the courts if they feel they have not been consulted on the consent given to the developer to apply for planning permission but I do not think they would not be covered in this either. Would they have recourse to the courts?