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Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Steven Matthews: Was that because if you put in a wide range of grounds, you are trying to encompass everything? As the Heather Hill case showed, all the grounds are now covered. You can probably just go in with one or two, knowing that would be covered now, whereas you had to bring everything into it.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Steven Matthews: Earlier, the low threshold was mentioned, which I think was the phrase used.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Steven Matthews: A few years ago, judicial reviews were not as common as they are now. We have had the discussion on strategic housing developments, SHDs, and I do not want to rehash it. However, I often speak to people who say it is with board but they are going to judicially review it anyway. It has almost become as though this is the next stage in the planning process. Is it at that leave to apply...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Steven Matthews: You would not have cost protections in those other cases that were mentioned.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Steven Matthews: Do any members wish to come back in?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Steven Matthews: There is another point following on from Deputy Ó Broin's. There is a section completely missing from this called transitionals. How are we going to transition from the system we have? Will it be done by certain parts coming in first? How did the transition from the 1963 to the 2000 legislation work? It was not as complex then. There is a lot more complexity now.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Steven Matthews: The section 48 stuff as well.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Steven Matthews: We will have a final session on the draft Bill with the Department in two weeks' time. We are hoping to wrap up with the Department and bring to its attention everything that has been raised at the previous eight meetings.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Steven Matthews: It could be a long meeting. Today's discussion has been helpful. It has probably thrown up more questions than answers, but that is no harm. If the current section 50B, relating to costs, were to be inserted into the draft Bill in place of the proposed section 250, would it be a good fit? The current process under section 50B seems to be working. What are the current issues with...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Steven Matthews: The person does get that full cost eventually, however.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Steven Matthews: It is about having the means to get to that stage.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Steven Matthews: We do not know what is being proposed at the moment.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Steven Matthews: I will leave the last word on that matter to the Law Society.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Steven Matthews: Is the no-foal-no-fee way of overcoming that up-front cost an element that factors into this? A solicitor will probably not take on a case on such a basis unless he or she thinks it has a reasonably good chance of being successful. Are different things being relied on in that regard?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Steven Matthews: Does it also act as a filter?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (2 Mar 2023)

Steven Matthews: I thank the witnesses for their engagement. It has been a very helpful meeting for us in the context of trying to craft this draft legislation in the context of making sure that what is eventually put in place will be fit for purpose for the next decade or so.

Written Answers — Department of Children, Equality, Disability, Integration and Youth: Maternity Leave (1 Mar 2023)

Steven Matthews: 131. To ask the Minister for Children, Equality, Disability, Integration and Youth the position regarding a survey carried out by his Department that was sent to Members of the Houses of the Oireachtas in relation to the provision of maternity leave for Members (details supplied); if he will provide the parameters of the research and results; and if he will make a statement on the matter....

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (28 Feb 2023)

Steven Matthews: That brings us to the end of this session. I thank all the witnesses for their participation today. It has been really helpful. We will have another meeting on Thursday with the Bar Society and the Law Society and no doubt we will tease out further aspects of the law then. We intend to produce our pre-legislative scrutiny report on this by the end of March. If there is supplementary...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (28 Feb 2023)

Steven Matthews: A very low percentage of planning decisions are judicially reviewed but a very high percentage of those that are, are upheld.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (28 Feb 2023)

Steven Matthews: I want to go back to correcting any error of law. It was said that what exists at the moment is the quash and remit, in other words, we put our hands up, admit we made a mistake, and it is a case of quash and remit. If we were going back to a 16-week decision process, we could say that is not a massive penalty to pay. In fact, with the quash and remit, is it going back into An Bord...

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