Mandatory timelines of 18 to 48 weeks for planning decisions

Mandatory timelines of 18 to 48 weeks for planning decisions

All Planning Picture: Timelines And Matthews/pa Planning Andrew For Out The Development Sets Bill Rulings

New mandatory timelines for decisions on planning applications will range from 18 to 48 weeks under the Government’s new Planning and Development Bill, it is understood.

These new timelines will apply to all planning decisions, including initial applications as well as appeals, and will be statutory in nature under the proposed bill.

It is understood that the Government hopes these timelines will provide “certainty” to the planning process, both for the public and those involved in planning matters.

A Government memo says that the timelines themselves range from 18 to 48 weeks to give additional time to more complex planning applications that will be received by the rebranded An Bord Pleanála.

If these timelines are not adhered to, there are escalating consequences contained within the bill, including fines and ministerial intervention through reviews.

The bill is due to be brought to Cabinet on Tuesday by Housing Minister Darragh O’Brien.

"It's the largest overhaul, the most significant overhaul of planning legislation, certainly since 1990 and probably actually since 1953,” Mr O’Brien said, adding that it is legislation fit for a modern state.

The Planning and Development Bill includes reforms to An Bord Pleanála. Picture: Gareth Chaney/Collins
The Planning and Development Bill includes reforms to An Bord Pleanála. Picture: Gareth Chaney/Collins

Alongside adding statutory timelines, the planning legislation will see reforms to An Bord Pleanála, an extension to county development plans, and changes to how judicial reviews operate.

The overall planning body, An Bord Pleanála, will have its name changed to An Coimisiún Pleanála and will see the current board structure changed, separating out the decision-making and corporate roles.

With the new bill, there will be a chief planning commissioner and up to 14 other planning commissioners. These will be full-time positions and are due to replace the existing chairperson and the current board.

Governance of the organisation will be overseen by a new executive, including a chief executive, up to two ex-officio members, and up to four non-executive members.

Changes to An Bord Pleanála come after significant controversy erupted within the organisation last year, which saw chairperson Dave Walsh opt to resign last November.

Judicial review timelines

Additionally, the bill will introduce timelines for the steps within judicial reviews of planning decisions. This will include timings placed on pleadings, the hearing of cases, and delivery of court judgments.

There will also be provisions for An Coimisiún Pleanála and local authorities to correct errors of fact or law in a planning decision when a judicial review is taken. It will also be permitted to apply for a stay on the determination of the proceedings while doing so.

Groups such as residents' associations will no longer be permitted to apply for a judicial review, with cases to be taken by an individual or individuals, rather than the association itself.

The timeframe for local development plans will be extended from every six to every 10 years. However, there will be a mid-term review of the plans every five years, to ensure that elected councillors are able to have a say in the development plan process.

An Bord Pleanála is currently dealing with a significant backlog of planning cases[/url, with the body now holding simultaneous board meetings in the morning and evening to clear the caseload. It is currently aiming to clear the case backlog by the end of 2023, following additional staff being allocated to the body.

More in this section

Cookie Policy Privacy Policy Brand Safety FAQ Help Contact Us Terms and Conditions

Group Limited © Echo Examiner