Oireachtas Joint and Select Committees

Tuesday, 21 February 2023

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Planning and Development Bill 2022: Discussion (Resumed)

Photo of Victor BoyhanVictor Boyhan (Independent)
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I wanted to say a few words of thanks before I complete my questions and comments. We have had a very meaningful and engaging session. I think we are much wiser now. There has been a real sharing of what the possibilities are.

I have three comments to make and will then ask one question. It is important that we facilitate consistency and quality in the decisions we make. They need to be proportionate, sound and transparent. That is obvious and none of us has a problem with that. It is also important that we incorporate public participation. We talk about participation as elected representatives. It is also important that we have political participation and meaningful engagement in the decision-making and planning process. Some of the witnesses will be facing elections and engagement will be a major issue with their electorate. That is what they are saying. I believe in it and I know they believe in it. They are key messages we need to emphasise in this legislation and get them out to the public. We need to communicate externally outside of here.

I wish to make one point on judicial reviews. We need to remember that people who take judicial reviews are our citizens and neighbours. Somehow they are being demonised about the right to take a judicial review. It is important that we provide the space and support for our citizens who put their money where their mouth is in furthering public decision-making because that is what it is. It is another layer. It is the courts. They opt to do it. They have a right to do it. Let nobody demonise citizens who take that decision.

I am aware of many engagements with An Bord Pleanála appeals. I am aware of many judicial reviews. I am aware of many of those reviews which have received promised support from elected politicians from all parties and none. We should not lose sight of that in this greater debate about the right of citizens. Someone whose land or property has been encroached on, compromising their residential amenity, might only have that one course. No one wants to go there. We need to say that in that context.

My question relates to An Bord Pleanála and something we have not mentioned. It is not about the status of An Bord Pleanála; it is about going forward and it is about this legislation. I want the response to relate to that specifically. I am surprised that there has been very little debate about what is being proposed for An Bord Pleanála and this draft legislation. I will start with Councillor Fitzpatrick, then turn to the representatives of the CCMA and then move around. Is there anything glaringly obvious that they would like to say, negative or positive, about An Bord Pleanála in the context of this legislation and not related to the current status of the board? How can we strengthen that or do something different with An Bord Pleanála in this legislation?