Oireachtas Joint and Select Committees
Tuesday, 28 February 2023
Joint Oireachtas Committee on Housing, Planning and Local Government
General Scheme of the Planning and Development Bill 2022: Discussion (Resumed)
1:30 am
Dr. Fred Logue:
The difference is the group is acting collectively. We have freedom of association. We have a long history of people forming associations. The Catholic Church is organised as unincorporated associations. A GAA club is organised as an unincorporated association. What is the difference between 100 people who play Gaelic and the local Gaelic club? We have a long-standing practice of people forming associations. It is not something new. People have particpated in planning as associations since the beginning and there have never been issues with it. The official position is one cannot get a costs order in litigation against an association, but I think there has perhaps been one such order against an applicant. It is something that rarely happens because there are not cost orders against applicants in judicial review, so it is a disproportionate response to a problem that does not really exist. If there is an issue with costs then legislation to deal with that can be brought in that does not exclude associations from participating in the planning system.