Legislation to overhaul planning system has been published
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New legislation to overhaul Ireland’s planning system has been published by the Government.
The Planning and Development Bill 2022, which is the third-largest in the history of the State at over 700 pages long, aims to consolidate and revise existing planning laws into a single piece of legislation.
Housing Minister Darragh O’Brien initially received Cabinet approval for the bill in early October, with some criticism from Sinn Féin for it not being published sooner.
Reforms within the bill include new restrictions on judicial reviews, changes to An Bord Pleanála, and amendments to how local development plans operate.
Particularly, restraints will be introduced on residents’ associations that bring forward judicial reviews, with a requirement for a constitution and a vote of two-thirds in favour of taking the case to court.
Applicants for judicial reviews, barring environmental NGOs, will also be required to have “exhausted any available appeal procedures” before a court case can be taken against a planning decision.
The legislation will also introduce mandatory timelines for decisions on planning applications, ranging between 18 and 48 weeks, depending on the type of application.
The Government is hoping that these timelines will be able to provide further certainty in the planning process, both for the general public and those involved in planning matters.
If these timelines are not adhered to, there are escalating consequences contained within the bill, including fines and ministerial intervention through reviews.
The current planning body, An Bord Pleanála, is also set to be reformed and renamed to An Coimisiún Pleanála.
The board structure will be changed, with planning, decision-making, and corporate roles to be detached from one another.
Under the legislation, there will be a new chief planning commissioner and up to 14 other planning commissioners installed.
A new executive will be responsible for the governance of An Coimisiún Pleanála.
In a statement following its publication, Mr O’Brien said: “This bill is momentous not only in its size but in its significance to nearly every aspect of people’s lives from infrastructure to tackling the climate transition.
“This bill impacts so many areas from housing to roads; from renewable energy to environmental and architectural conservation; it is critical that everyone works together to ensure this cornerstone legislation proceeds through the Houses of Oireachtas so it can underpin Ireland’s continued growth and prosperity for the coming decades.”
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