The practice of paying those who object to planning applications with ‘go away money’ is soon to be criminalised under new laws.

RTÉ Investigates found last year that certain individuals were regularly objecting to planning applications on the basis of environmental concerns, only for their concerns to “disappear” once a payoff was made.

In the build-up to local elections, a number of candidates have also been accused of asking for ‘go away money’ from builders to rescind objections regarding developments.

On The Pat Kenny Show, Brendan Slattery, head of planning and development at McCann Fitzgerald Solicitors, said laws against the practice are at an advanced stage.

“We’re in the middle of a long reform process of planning law,” he said.

“The act from 2000 has been the subject of detailed analysis and the Department of Housing has been leading a 650-page review.

“As part of the soon-to-be proposed amendments to that planning reform, there are now targeted criminal offences for requesting what’s called ‘go away money.'”

Hand holding fistful of euro banknotes. Image: Axel Bueckert / Alamy Stock Photo

He said ‘go away money’ falls through the cracks as an offence under existing laws.

“We do have an offence we label extortion, demands with menaces, so there needs to be a threat,” he said.

“That threat might be of physical intimidation or some other menace, ‘I will take away some right you have otherwise’.

“We had that since 1994 and it has rarely been contemplated in terms of planning law.”

Declarations

Mr Slattery said the draft amendment to planning laws would lead to a significant change in how objections are made.

“Every person who makes a submission will have to make a declaration that they are not doing it solely to delay the development or with a view of securing a payment,” he said.

“They will immediately need to make that declaration.

“What the criminal offence says is that if you ask for money, it’s an offence, it’s prohibited.

“There’s a caveat exception if what you’re doing is seeking compensation for ‘loss of enjoyment’ a phrase which is not defined and is capable of stretching far and wide.”

When are the new laws coming?

Mr Slattery said time is ticking for the Government to introduce the legislation.

“The law-making process on this planning reform has taken quite some time,” he said.

“One of the most significant things on this bill is, if it’s not enacted before this parliament ends, it will elapse.

“There are only 14 days left for the summer break to achieve the Minister's promised deadline of enactment before the summer.”

Main image: A man making a bribe with 'go away money'. Image: imageBROKER.com GmbH & Co. KG / Alamy Stock Photo