Court procedures ‘will speed up planning delays’
Mr Roche said the measure, combined with the Government’s Strategic Infrastructure Bill, would greatly speed up the roll-out of major infrastructure projects.
The bill, which was finally published yesterday, aims to create a new division of An Bord Pleanála tasked only with infrastructure developments of State importance.
Although reform of the courts does not form any part of yesterday’s bill, Mr Roche said the Attorney General, the Justice Department and the President of the High Court all agreed changes were necessary.
Under the bill, responsibility for approving railway, light rail and metro projects will be transferred from the Minister for Transport to An Bord Pleanála.
It also addresses several side issues, one of which involves allowing the Government free use of land below 10 metres unless the owner can prove the subsurface is of value to them. The proposal is an obvious precursor to the anticipated construction of a metro system for Dublin.
The bill proposes to allow the authorities to refuse planning permission to developers responsible for unfinished housing estates.
The developer will then have to apply to the High Court for the decision to be overturned, reversing the burden of proof from the planning authority to the applicant.
However, opposition parties and business group IBEC warned that without parallel reform of the High Court system, long delays would remain as planning objections reach the courts.
Fine Gael environment spokesman Fergus O’Dowd said the absence of judicial reform would still see delays continue.
“The fact the bill is not accompanied by any reform of the judicial appeals process, where the real delays in getting these infrastructure projects up and running lies, shows this bill is about headlines rather than getting things done.
“With the courts taking almost two years to decide on cases of strategic infrastructural importance, I see very little prospect of the minister delivering on his promise to speed up delivery of these key projects.”
Labour environment spokesman Eamon Gilmore said the bill would not speed up projects.
“It will, however greatly limit the right of the public and of local communities to voice their concerns over major developments, he said accusing the Government of perpetrating an urban myth that planning objections by the public were responsible for most delays,” he said.
Green Party environment spokesman Ciaran Cuffe said: “This bill is an attack on local democracy, and will do little or nothing to speed up the planning process. The main planning delays to major projects are due to High Court challenges and poor quality applications in the first instance. The bill does nothing to remedy these failings.”
The criticisms were rejected by Mr Roche, who said politicians would be able to make submissions to An Bord Pleanála in the same way they can now.
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