Results 6,181-6,200 of 15,009 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: At any stage in the planning process up to 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: First stage, appeals stage, etc.
- 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: Those are the only grounds for sufficient interest under that section.
- 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: Section 249(10)(c) also has "directly or indirectly materially affected."
- 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: Does that not create an additional barrier somewhere?
- 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 promoting this but I want to be clear on the point. Does that mean that somebody could put in a third-party opinion, for example, either at the local authority or the board stage, depending on the type of application, and therefore they have sufficient interest? However, in order to submit a judicial review or seek leave for a judicial review would they have to demonstrate that in...
- 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: Is that not a significant change from the current regime?
- 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 asking if it is a good or bad thing. Let us imagine for a moment that I am neutral on this. I want to know if that double test for initiating a judicial review is a change from the current regime, particularly with the requirement to have been directly or indirectly materially affected.
- 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: Where is the legal definition of "directly or indirectly" or is that just set out in case law?
- 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 asking if those tests are applicable today.
- 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: So there is no material change in this thing?
- 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 will come back with a few follow-up questions after the others have come in.
- 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.