Dáil Éireann Debate, Wednesday - 13 July 2022
225. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if his Department has undertaken any analysis into the reasons for overturned planning decisions, specifically decisions in relation to large windfarms. [38178/22]
View answerUnder section 50 of the Planning and Development Act 2000, as amended (the Act), any person who considers that they have reason to question the validity of a decision made by a planning authority or An Bord Pleanála under the Act may apply to the High Court seeking a judicial review of that decision or act. It is a matter for the Courts to decide whether to grant leave for judicial review in planning cases in accordance with sections 50 and 50A of the Act.
The recording of decisions of court cases is one in which I have no statutory function and is a matter for the Courts Service which is statutorily independent. Judicial reviews against the State, in which my Department may be included as a party, are co-ordinated by the Chief State Solicitors Office under the guidance of the Attorney General's Office (AGO).
Where the state is a named respondent to a case or a notice party, my Department would consider the outcome of the case in conjunction with the AGO and where appropriate would seek to address any legislative issues raised as a result of the Judgement. My Department would also monitor the outcome of other planning challenges in which the State is not a party and respond where appropriate. This would include decisions relating to large wind energy developments, as well as other development types.
