Dáil Éireann Debate, Thursday - 1 February 2024
273. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage what plans his Department has to deal with serial planning objections (details supplied); and if he will make a statement on the matter. [4666/24]
View answerIt 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 an appeal where it is of the opinion that is frivolous or vexatious, or has been made with the 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.
Notwithstanding this point, 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 the Criminal Justice (Theft & Fraud Offences) Act may apply in instances such as these.
In order to protect the planning system, I am currently considering whether it is appropriate to provide additional sanctions in relation to spurious appeals in the Planning and Development Bill 2023. If required I will bring forward amendments to the Bill over the coming weeks as it progresses through the Houses of the Oireachtas.
It is important to reiterate that Government is opposed to the abuse of any process, including in relation to planning, for personal gain to the detriment of the process, this includes behaviour that would lead to a possible abuse of the courts system. Anyone with any concerns regarding a breach of law in respect to a planning application should contact Gardaí.
