Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

A JR is taken on foot of the permission being granted by the planning authority. The person who makes a submission to the original application is not party to the JR. The suspension of time is not relevant to them and does not affect what they have put forward. The decision on the JR will be made one way or the other. Either the permission is upheld or the JR is upheld and the permission is overturned. I do not see how someone who made a submission to the first application is in any way affected. We have covered the maritime area.

This is a new section that has gone in. It caused a lot of difficulty. People and organisations have a right to take a JR and we have not diminished that in any way. However, if you are an applicant, it could be a JR on the extension of your house. People think of big developments and faceless developers. I will not mention any but the Deputy knows JRs currently holding up works that many people would want. Someone still has the right to take the JR but this has a real impact. When JRs are in court and planning permission has been granted, time is running out on the permission. In many instances where the JR is rejected and the permission is effectively upheld, there is no time to build it out. It speaks to the discussion we had just before this about duration. It is worthless and you are back to the drawing board. You probably have to make a new application or seek an extension.

That could be objected to as well, which is people’s right. It has a real impact. People are not just bringing these forward in respect of big faceless conglomerates on the Cayman Islands or something; they affect real people and real developments. It is only fair and proper to respect the right of someone or a group to take a JR and for the clock to stop while it is in JR proceedings. It is clear when it stops and when it starts again. That is the rationale behind this.