Mr. Philip Jones:

A declaration might be sought if someone wants to determine whether something is exempt. If the planning authority says it is not exempt, the local authority will then be asked to take enforcement. If the local authority, for whatever reason, whether a lack of resources or an unwillingness to cover the cost of going to court, decides it is not going to do that, the only option is to go as a landowner to the Circuit Court or the High Court to seek an injunction, but the proposed section 9 will mean that evidence cannot be used. It seems, therefore, that the draft Bill is deliberately taking the public out of that process, as far as I can see for no reason. The judge in that court case mentioned the lack of public participation. I do not think he intended that the Department would come back and say it would take the public out of the process in order that there would be no need for public participation. It is a serious concern and a lot of people do not realise how impactful it will be. The provision was certainly never intended to be just for landowners or proposers.