New planning law will provoke 'chaotic' legal challenges, groups warn
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Planning permissions for houses will be delayed and there will be a “chaotic period of litigation” lasting five to 10 years if the Government’s new planning laws are enacted as proposed, two groups have warned.
The Community Law & Mediation (CLM) group and Environmental Justice Network Ireland (EJNI) say there will be more legal challenges to planning in Ireland if the Planning and Development Bill is enacted in its current format.
“The approaches in this legislation appear to be more driven by lobbyist influence and popular narrative than by evidence, and the result is that the bill is a poor fit in terms of addressing any of these large societal problems,” the groups stated.
Ministers touted the bill as bringing greater clarity, consistency, and certainty to how planning decisions are made.
As part of its provisions, it would give strengthened legal status for ministerial guidelines, changes to judicial reviews, and a restructure of An Bord Pleanála, which will be renamed An Coimisiún Pleanála.
Both the CLM and EJNI insist the Government has failed to adhere to the Aarhus Convention — an international agreement — by not engaging with the public when preparing the draft bill.
They cautioned plans to restrict the number and types of organisations that can access judicial review are in direct conflict with European and international law obligations.
The groups have also criticised other aspects of the bill for a lack of detail.
“There is a lack of any rationale provided for the bill, no explanatory memorandum for these massive changes to our land use law, no clear identification of the problems the bill is supposedly trying to address, and no evidence base for the necessity for the changes,” they said.
They said Ireland was at a “critical juncture” in terms of climate and biodiversity issues, and that it was of vital importance to strengthen mechanisms whereby individuals could challenge decisions that they feel would have adverse effects on the environment.
The groups also make a number of recommendations in their submission.
They say the entire bill must go out to general public consultation as well as be subject to a multidisciplinary review by experts from relevant fields.
They also say it should be substantially revised, particularly where it relates to costs and standing, and in the area of the habitats directive.
Barrister Alison Hough, head of the Access to Justice Observatory at the EJNI, said: “Rather than being optional or unnecessary red tape, the public's right to challenge State decisions is an important part of a healthy democracy, and a key mechanism to ensure the rule of law, as well as Ireland's compliance with its international and EU law obligations.
“At a time when both democracy and the environment are under threat, it has never been more urgent that we protect the public's right to call Government to account."