TD will raise planning appeals costs
The issue of communities having to pay high costs to mount appeals against grants of planning is to be raised with the minister for the environment, Phil Hogan TD, by local deputy Martin Heydon of Fine Gael, writes Brian Byrne.
Separate appeals were taken by the existing businesses in the park, and by residents of Cnoc na Greine and other nearby estates.
It is known that the businesses paid up to €30,000 to mount their appeal, while the residents would have had to pay a similar amount if it hadn't been for the lucky fact that they had planning experts living in their estates. Nevertheless, those same experts put in very valuable time preparing the appeal.
Unlike in the courts, where a winning side in a dispute will usually be granted their expenses, there is no provision for repaying any part of the costs of appealing the granting of planning permission.
Following representations on the lack of fairness of the existing regulation, Deputy Heydon has committed to raising the issue at ministerial level, and will ask that the current position be reviewed.
"It is an interesting point, particularly the comparison with the justice system where appelants can receive their costs," Deputy Heydon says. "There is a balance to be struck, though, as you have your serial objectors who will object to anything, particularly if there was no financial impediment in place, which can hold up some worthwhile projects. I agree that the bar should be success at your appeal, as that vindicates those who have appealed and won."
