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Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: I know it is a contentious area.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: It is. Has the board been taken to a European court? It is an expensive process.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: Many citizens take cases against the board in those courts as well.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: Does the board have a panel of senior counsels? How many are on the panel?

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: They could be on another case. They are not employed but are they on retainers?

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: Is there a panel?

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: I take it the board considers the success rate of the different senior counsels and specifically who keeps winning the cases. If somebody keeps losing, he or she would not be employed again.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: With respect to legal challenges, is there input from local authorities? It is about their decisions. The board makes an appeal but everything goes back to the local authority for implementation. Has compensation had to be paid on top of legal fees?

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: Would it fall back to the local authority if compensation were to be payable in respect of an application refused for the wrong reason? It has not come across your desk yet.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: Some refusals may end up with compensation being owed.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: That is my point.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: With the 44 cases where legal costs had to be paid, would additional costs fall to the local authorities?

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: A notice party.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: I have a few other bits to get through. It is important for the public to look at this. I refer to the second appendix, detailing planning appeals received and decided by local authorities. Everybody here is familiar with some local authority. The information gives, for each local authority, the number of decisions made, the percentage of planning authority decisions confirmed, the...

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: They are very telling data.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: If there was never a regulator, the Department must have some way of talking to the CCMA or the director of planning services, for example. I am sure that if I looked at the chart from five or even ten years ago, most of the same people will be in the same space. The same will be true in another five years if they are allowed. It is not good for the system. In some counties, there is a...

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: We have made the point that there are inconsistencies. Somebody needs to examine the matter and I put the ball firmly in the Department's court in that regard. An Bord Pleanála might send us a list of how many cases it has for longer than a year.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: I accept that Mr. Walsh referred to the oldest cases-----

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: I refer to an age analysis. I heard of a wind farm case in my immediate area that lasted for two and a half years.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: If there are reasons outside the board's control for why some of them are so old, Mr. Walsh should indicate them in the note he will send to us.

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