An Bord Pleanála

Dáil Éireann Debate, Tuesday - 17 April 2018

Tuesday, 17 April 2018

Ceisteanna (1597)

Bríd Smith

Ceist:

1597. Deputy Bríd Smith asked the Minister for Housing, Planning and Local Government if his attention has been drawn to the fact that An Bord Pleanála is using threats of legal costs to force a community to drop its request for appeal of judicial review in an environmental case; his views on whether this is acceptable as a policy for the board; the other remedy that exists for persons concerned regarding a planning matter in their area; and if he will make a statement on the matter. [16148/18]

Freagraí scríofa

Minister for Housing, Planning and Local Government

I am not aware of any case where An Bord Pleanála has acted inappropriately in the manner alleged in the Question.  However, before parties incur substantial costs in a judicial review of a decision made by the Board, it would seem reasonable for the Board to make its position clear in relation to seeking its costs, within the law, in the event that the Court does not grant the reliefs sought.  

In this connection, pursuant to the UNECE Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters, and also pursuant to relevant EU Directives, section 50B of the Planning and Development Act 2000, as amended, provides that, subject to stated exceptions, each party to specified judicial review proceedings relating to the environment shall bear its own costs.