Alan Dillon (Mayo, Fine Gael) | Oireachtas source

Amendment No. 775 seeks to delete paragraphs (i) and (ii) of subsection (1) of section 160, as well as subsections (2) to (5) of section 110, and replace them. This would have the effect of changing the provisions from providing that where the planning authority is dealing with an application from a person who is not in compliance with a previous permission, has carried out substantial unauthorised development or has committed an offence under the Bill or the Act of 2000, it would form an opinion as to whether there is a real or substantial risk the development would not be carried out in accordance with the permission and should not be granted, based on the procedures set out, to only allowing the permission to be refused. This section, as worded, strikes a careful balance in allowing a local authority or the commission to take the step of refusing to grant planning permission, not on the basis of the merits of the development as proposed but on the basis of previous actions of the applicant which may or may not relate to the application on hand. This is a serious step which requires, in the interest of fair procedure, that the applicant be afforded an opportunity to defend themselves and, if necessary, to allow the High Court to consider the merits of such a step being taken. While I do not countenance non-compliance with the planning system, there is a requirement for decision-makers to act in a fair and reasonable manner. As such, I cannot accept amendment No. 775.