Brendan Griffin
Question:134. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage how he plans to target extortionate planning objectors; and if he will make a statement on the matter. [55834/23]
View answerWednesday, 13 December 2023
Questions (134, 135)
Brendan Griffin
Question:135. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage if he will consider creating an objection qualification requirement, similar to local need qualification requirement, in respect of residential development proposals; and if he will make a statement on the matter. [55835/23]
View answerWritten answers
I propose to take Questions Nos. 134 and 135 together.
It is of the utmost importance in the first instance to point out that provision for the handling and consideration of appeals where considered vexatious is currently already legislated for under section 138 of the Planning and Development Act 2000 (as amended), under which An Bord Pleanála has powers to dismiss appeals where it is of the opinion that is frivolous or vexatious, or has been made with the sole intention of delaying the development or the intention of securing money, gifts or other inducements. These provisions are replicated in the Planning and Development Bill 2023.
Furthermore, in July of this year, I wrote to the Attorney General and to the Minister for Justice in relation to demands for financial compensation regarding planning objections. The Attorney General provided views that matters such as these are provided for under current legislation, notably, section 17 of Criminal Justice (Public Order) Act which states “It shall be an offence for any person who, with a view to gain for himself or another or with intent to cause loss to another, makes any unwarranted demand with menaces.” The Attorney General also advised that sections 6 & 7 of Criminal Justice (Theft & Fraud Offences) Act may apply in instances such as these.
In order to protect the planning system, my Department is further reviewing this matter with a view to determining whether it is appropriate to provide additional sanctions for this issue in the Planning and Development Bill 2023.
There are no plans to introduce a qualification requirement for observations on planning applications. The Bill maintains the third party rights as set out in the Act of 2000, protecting Ireland's tradition of open public participation in the planning system.
Question No. 135 answered with Question No. 134.