Specific Details
Planning and Development Bill 2023
Intended results
To acknowledge that in the current Bill the definition of Sufficient Interest which was contained in the Draft Bill has been maintained in the most recent version of the Bill in section 282 (1) which states "an applicant shall not be regarded as having sufficient interest in a matter to which a ground pleaded in part 9 judicial review proceedings relates unless the applicant is, or may be, directly or indirectly materially affected by the matter".
To show concern that, despite this definition being replicated in the Bill as it stands, contained in the section that directly follows in the most recent version of the published Bill following the amendments made by the Committee Stage of the Seanad which includes the following element in Section 282
(2) Where part 9 Judicial Review proceedings relate to a development that is likely to have significant effects on the environment or on a European site, or to an act or omission by any person that contravenes a provision of this Act, or an enactment under this Act, relating to the environment, an applicant shall be regarded as having sufficient interest in a matter to which the proceedings relate (regardless of whether the applicant is, or may be, directly or indirectly materially affected).
To highlight that this addition erodes any positive developments to date in strengthening the definition of sufficient interest for farmers who are applying for planning permissions and facing significant obstructions to the development of their farms on the basis of environmental concerns which lack legitimacy and substance.
To stress that there is no significant mechanism to deter those wishing to obstruct on-farm development due to the ability of individuals who have no material or financial interest in the development to assert interest and obstruct planning procedures resulting in significant financial cost to farmers along with long delays in completing these developments.
To propose that placing a maximum proximity requirement from the location of the development for the appellant would be of notable benefit in hindering appeals which are not genuine in their intentions.
Amii McKeever
Adviser to Minister (Department of Agriculture, Food and the Marine)
Charlie McConalogue
Minister (Department of Agriculture, Food and the Marine)
Ciara Shaughnessy
Special Adviser (Department of Housing, Local Government and Heritage)
Darragh O'Brien
Minister (Department of Housing, Local Government and Heritage)
Diarmuid Lynch
Special Adviser (Department of the Taoiseach)
Kevin Dillon
Special Adviser (Department of Housing, Local Government and Heritage)
Micheál Martin
Tánaiste and Minister (Department of Foreign Affairs)
Paul Savage
Assistant Secretary (Department of Agriculture, Food and the Marine)
Aidan Campbell
Councillor (Monaghan County Council)
Aoife McCooey
Councillor (Monaghan County Council)
Brian McKenna
Councillor (Monaghan County Council)
Cathy Bennett
Councillor (Monaghan County Council)
Colm Carthy
Councillor (Monaghan County Council)
David Maxwell
Councillor (Monaghan County Council)
Hugh McElvaney
Councillor (Monaghan County Council)
Mary Kerr Conlon
Councillor (Monaghan County Council)
Noel Keelan
Councillor (Monaghan County Council)
P.J. O'Hanlon
Councillor (Monaghan County Council)
Pat Treanor
Councillor (Monaghan County Council)
Paudge Connolly
Councillor (Monaghan County Council)
Peter Conlan
Councillor (Monaghan County Council)
Raymond Aughey
Councillor (Monaghan County Council)
Richard Truell
Councillor (Monaghan County Council)
Seamus Coyle
Councillor (Monaghan County Council)
Seamus Treanor
Councillor (Monaghan County Council)
Seán Conlon
Councillor (Monaghan County Council)
Sean Gilliland
Councillor (Monaghan County Council)