New structures to be introduced at rebranded An Bord Pleanála
File Bord Pleanala Office On Dublin An Dublin Chaney/collins Gareth Street, Picture: Molesworth
An Bord Pleanála is to be renamed and given new structures, while local councils are to get beefed-up powers to use compulsory purchase orders, under the most significant overhaul of the country's planning laws in 20 years.
The Cabinet will tomorrow approve the Planning and Development Bill, which will also place strict time limits for judicial reviews in a bid to avoid construction projects getting bogged down in lengthy legal proceedings.
Describing the legislation as "comprehensive" and "extraordinary", Taoiseach Micheál Martin said it will not only make significant improvements to speed up the delivery of housing, but will also assist in meeting climate objectives by streamlining the planning system for offshore wind projects.
An Bord Pleanála, which has been mired in controversy throughout 2022 over alleged conflicts of interest among senior figures, is to be renamed The Planning Commission/An Coimisiún Pleanála.
Mr Martin said it can take between two and three years for planning permissions to be secured, citing "endless requests for more information" from planners and judicial reviews taken by third parties. He insisted the planning process should take less than a year to complete.
Turning to the climate element of the bill, particularly the need for offshore wind, the Taoiseach referenced complaints that projects are faced with inordinate delays in getting planning permission.
"At the moment our system needs to really up its gear in terms of meeting those 2030 targets of 80% renewable electricity generation," he said.
"The big issue will be mapping the seabeds, getting the proper inputs from a biodiversity perspective, a fisheries perspective, and making sure we can actually get the planning permissions through, that we resource An Bord Pleanála, or its replacement."
The bill, to be published in January, also makes clear there will be increased capacity for local authorities to use compulsory purchase orders.
This will allow councils to more easily acquire vacant or derelict properties for onward sale to develop sites for housing.
However, the ability of local authorities, or An Bord Pleanála, to make decisions that materially contravene a county development plan will be strictly limited.
The bill also outlines the role of planning commissioners who will be responsible for decision-making on applications.
There will be a chief planning commissioner and up to 14 other planning commissioners in the rebranded authority. These will be full-time posts and will replace the current chairperson and board-member roles.
The Planning Commission's governing executive, responsible for guiding the body, will comprise of a chief executive, up to two additional ex-officio members, and up to four non-executive members.
Local authorities will remain responsible for the enforcement of breaches of planning legislation and will be required to take action against unauthorised developments.
Their enforcement powers will be enhanced through the provision of a new regional structure that can focus on dealing with activities such as illegal quarries.
The bill will see timelines included for the various steps in a judicial review process, including set times for pleadings, hearing of cases, and delivery of judgments by the court.
An Bord Pleanála or the local authority, as appropriate, will be allowed to correct an error of fact, or law, in its planning decision when a judicial review is taken and can apply for a stay on the determination of the legal proceedings while doing so.
Significantly, where an organisation, such as a residents' association, seeks to take a judicial review, it will have to be taken by an individual or individuals, rather than by the association.
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