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Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (7 Mar 2023)

Steven Matthews: Mr. Heneghan is nodding his head. I see Mr. Mandal has some counter-thought on that. What is it?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (7 Mar 2023)

Steven Matthews: To clarify, I am not saying we would put it to a vote. The national planning statement is issued and then local authorities have to change the development plan so it matches the hierarchy of planning, which is only correct. The plans below have to comply with the above. That is fine. It would be beneficial if we could bring it in to the committee for even one meeting to establish why are...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (7 Mar 2023)

Steven Matthews: Does Ms Kimber mean something beyond appeal but before the judicial process?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (7 Mar 2023)

Steven Matthews: A guidance document on planning conditions was issued recently. Is anyone familiar with that? I am pretty sure I read it and did not just dream it.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (7 Mar 2023)

Steven Matthews: They are more to do with building standards and control than the planning system.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (7 Mar 2023)

Steven Matthews: Deputy Gould and I will wrap up the discussion. I wish to ask the witnesses about standing and the position in that regard. We have heard reports that residents' associations would not be able to take judicial reviews before Christmas. Do the witnesses have a clear understanding of the issues in the draft Bill in respect of standing? Could they give us their view on it at this point?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (7 Mar 2023)

Steven Matthews: I am talking about this in the context of a judicial review-----

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (7 Mar 2023)

Steven Matthews: A similar point was raised at a previous meeting.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (7 Mar 2023)

Steven Matthews: Sorry, Ms Kimber. Could I ask for some clarity? The draft Bill states "A person", not an applicant. Is that correct?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (7 Mar 2023)

Steven Matthews: I just wanted to clarify that.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (7 Mar 2023)

Steven Matthews: Your reading of this, then, is that for the residents' association to be able to do what it has always been able to do up to this point, that is, to seek a judicial review, it would now have to be "friends of wherever", but Ms Kimber, Mr. Mandal and Mr. Heneghan are the three names listed on it. Is that the difference?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (7 Mar 2023)

Steven Matthews: The Terenure West Residents' Association up to this point, and still at this point, can seek a judicial review under the name Terenure West Residents' Association.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (7 Mar 2023)

Steven Matthews: If what is proposed here goes through, it can be the Terenure West Residents' Association, in the names of Mr. Heneghan, Ms Cadell-----

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (7 Mar 2023)

Steven Matthews: Mr. Heneghan, Ms Cadell and Mr. Mandal.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (7 Mar 2023)

Steven Matthews: I tend to agree with Mr. Mandal that section 50B serves a purpose and serves it relatively well.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (7 Mar 2023)

Steven Matthews: To clarify, where Ms Kimber talks about a person, she is talking about where "A person shall not question the validity of any decision". That is the opening line in head 249. Regarding the granting of an application for leave, it refers to an applicant. Is it Ms Kimber's understanding that the word "applicant" refers to an individual rather than-----

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (7 Mar 2023)

Steven Matthews: So Terenure West Residents Association is not a company.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (7 Mar 2023)

Steven Matthews: It is an unincorporated body. Would it not be the applicant?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (7 Mar 2023)

Steven Matthews: Could Ms Kimber point out to me where it says that only a person or a company shall have standing?

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