Practice at roads related inquiries has been that parties are responsible for formulating their own submissions or representations without the availability in advance of public financial assistance towards the cost of obtaining professional advice. However, section 91 of the Local Government Act, 1946, as amended, permits the Minister for the Environment and Local Government to certify, after a local inquiry has been held, that a specified contribution shall be made by the local authority concerned towards the costs and expenses incurred by a person in relation to the inquiry. Long established precedent limits cost awards of this kind to first party objectors and on the basis of objectors being successful in some or all aspects of their case to have the proposed road development modified.
Under the Planning and Development Bill, 1999, the approval of major roads proposals is to be transferred from the Minister for the Environment and Local Government to An Bord Pleanála. In accordance with section 202 of that Bill, the board will have a discretion similar to that described above in the context of cases which are the subject of an oral hearing.