Frances Black (Independent) | Oireachtas source

This seeks to address a core concern with the legislation by adding the stipulation that the definition of "exceptional circumstances" should "ensure consistency with the legal requirement that regularisation shall not offer applicants concerned the opportunity to circumvent Community rules" and should not have the effect of encouraging developers to forgo checks on whether a development "satisfies the criteria of Article 2(1) of Directive 85/337". This language mirrors the judgment in case C-215/06 and goes to the core of the issue, namely, that substitute consent should be the exception rather than the rule and that we should not be incentivising developers to try to circumvent the planning process or environmental obligations.