Results 8,821-8,840 of 15,065 for speaker:Eoin Ó Broin
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: It is set out in section 10(c)(4).
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: It gives the definition of "sufficient interest" there. Does it not?
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: My time is up so I will come in after the others if that is okay.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: The crucial point is the word "or". You have to have sufficient interest and then there is another option. The three parts of the question I asked relate to the changes to individuals, to groups of individuals and to companies. Nobody changes things for no reason. With those changes, are there groups that would not be able to initiate a judicial review on one of these changes in the same...
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: In some senses it is either to have the benefit of the cost protection regime that is in place or to enable the individuals initiating a judicial review to be held liable for costs in such a case.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: When we use the phrases "vexatious" or-----
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: In all cases a judge has to give leave for a judicial review so I presume we are not suggesting that when leave is given it could be vexatious or frivolous at that point.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: This is my point. The costs only rack up after the judicial review. You get your leave.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: We are just talking about the process.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: It is not a question of the granting of leave but of sum-up after the leave is granted.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: Who decides? "Vexatious" and "frivolous" are not legal terms.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: I refer to that facility for correcting errors in fact and law to allow the decision to grant and proceed. Was analysis done on how many such cases there were?
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: How often does it come up or how regular is it? I presume that the issue is that a judicial review is taken on the basis that when a decision is granted, there clearly is some error of fact or law in the decision and the presence of that error of fact or law in the decision allows the decision to be struck out to the conclusion of the judicial review. On the other hand. when this facility...
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: I appreciate how Mr. Hogan just threw out the traffic survey and he might regret that. In the cases we know of and without naming any cases, what are the kinds of things that come out as errors of fact or law? The witnesses must have a sense of that.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: Another way of putting it is that it has to do with removing the legal grounds on which a judicial review is taken. As was said, while the correction of the error of fact or law does not materially change the decision, it materially changes the grounds upon which a judicial review may be taken. Is that the case?
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: I am not arguing for or against. I want to understand this.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: Sometimes it is to amend the decision, as in the case of O'Devaney Gardens and the Bartra judicial review, JR.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: Mr. Ryan used the word "clarify". That could mean that while the overall decision might not be changed, some of the conditions relating to it could be changed as a result of the correction.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: I understand that. One of the most significant examples of this - the case is now concluded so we can comment on it - is the decision of Bartra to judicially review the decision of An Bord Pleanála on O'Devaney Gardens, where an attempt was made by the board to apply a condition on the sale of units that was not in line with Government legislation. That was something to be corrected by...
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: What about cost protection?