Oireachtas Joint and Select Committees

Tuesday, 16 April 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

It does not cover it. The only reason I raise that is because it is the most common way for a certain category of rogue developer to operate. Thankfully, such developers are small in number. However, there was a time when there was a much larger number of them. This is one of the most commonly used procedures for getting around these difficulties. I would have thought if there had been a review of this by any planning professional from a local authority, those involved would have said stated that one of the things required is some method of tracking developers through DACs. The Law Reform Commission recommend this as long ago as 1977. It is not as if it is a new issue.

My other questions relate to section 160(6), (7) and (8). This is a query rather than a challenge. There is no provision in this section for appeal to the commission with respect to a local authority's usage of section 160. The matter goes straight to the High Court. I presume that is to expedite the procedure and not waste time by going to An Bord Pleanála and then to the courts. Is that the only reason that is there?

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