Seanad debates

Tuesday, 6 July 2021

An tOrd Gnó - Order of Business

 

9:00 am

Photo of Vincent P MartinVincent P Martin (Green Party) | Oireachtas source

I read with some concern and alarm a report in yesterday's edition of The Irish Timesthat the Government intends to change the current judicial review court system in respect of planning applications. The speculation is - and I believe this idea was concocted before the formation of the current Government - that the intention is to deter people from objecting in planning related matters by placing a greater financial risk on their shoulders. There was not a word in the piece about seeking leave as the first step, as a safeguard, or about how any vexatious or frivolous case would be flushed out at that stage by the able member of the Judiciary hearing the application. There was not a word about the poor planning preparations and submissions made or about developers' unrealistic, avaricious intentions to make as much money as possible. That is not true in all instances but we all know that some developers would love to sew a tail on a cat if they could get away with it, or say mass. There was not a word about An Bord Pleanála's adjudication of these cases. The speculation also suggested that there would be a dilution of the environmental impact assessments, which are a crucial safeguard for communities. This all stems from the strategic housing development legislative regime that was introduced in 2016, which circumvented local authorities and has been an unmitigated disaster. The solution is not to shoot the messenger. This is a lazy approach that attacks the fundamental principle of access to the courts for people who are not seeking financial reward. There are no damages being sought here. These people are being vigilant on behalf of their communities and they should not be deterred or discouraged.

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