An Bord Pleanála apologises for ongoing delay in issuing planning decisions

New bill will see An Bord Pleanála renamed and given new structures, with local councils getting stronger powers to use compulsory purchase orders and strict time limits for judicial reviews in a bid to avoid construction projects getting bogged down in legal proceedings. Picture: Gareth Chaney/Collins

An Bord Pleanála has issued an apology for the ongoing delay in issuing planning decisions, as it says it is not meeting its statutory deadlines for decisions in a “large number” of cases.

The planning body said it only had “five functioning board members” at present out of the “standard complement of 10”, which is affecting its ability to meet targets.

“Capacity at board level, which takes decisions on appeals or applications, has significantly reduced over recent months,” it said.

The planning authority has faced a tumultuous 2022, after initial allegations against deputy chair Paul Hyde surfaced concerning planning decisions involving family members, in-laws and in one instance a company in which he himself was a substantial shareholder. Mr Hyde has always denied any impropriety.

The Irish Examiner reported on a number of planning issues that gave rise to serious questions about processes and decision-making within the board.

In early May, Housing Minister Darragh O'Brien appointed senior counsel Remy Farrell to investigate allegations that Mr Hyde had failed to declare conflicts of interest in a number of planning decisions.

Mr Hyde resigned in July, and the chairman of the board Dave Walsh announced he was taking early retirement in November.

Demoralised workforce

Earlier this week, a report from the Office of the Planning Regulator highlighted that An Bord Pleanála was currently suffering from an internal crisis, which includes a demoralised workforce and significant concerns about management practices.

The scandal has prompted the Government to completely review how the planning system operates. Last week, the new Planning and Development Bill was brought to Cabinet, which will signal the most significant overhaul of planning laws in Ireland in two decades.

Sinn Féin’s housing spokesperson Eoin Ó Broin had alleged there was a 'widespread belief in planning circles' that the delays were 'directly related' to legislation in the pipeline which will amend the system of judicial review. Picture: Damien Storan

The proposals will see An Bord Pleanála renamed and given new structures, with local councils getting stronger powers to use compulsory purchase orders and strict time limits for judicial reviews in a bid to avoid construction projects getting bogged down in legal proceedings.

Amid the crisis at the planning body, concerns have been raised in numerous quarters as to the time it is taking for it to make decisions.

In October, it denied suggestions it has been delaying decisions on large-scale construction applications so forthcoming legislation changes will make it harder to object to those developments.

Sinn Féin’s housing spokesperson Eoin Ó Broin had alleged there was a “widespread belief in planning circles” that the delays were “directly related” to legislation in the pipeline which will amend the system of judicial review. 

In its statement of apology this week, the planning board expressed hope it would be able to clear this backlog in a quicker fashion next year.

It said: “The Minister for Housing, Local Government and Heritage has recently announced that he intends to appoint at least three new temporary board members in the near future in order to restore capacity at board level.

“It is anticipated that these upcoming appointments will enable the speedier processing of cases in the first half of 2023. Over 2023, staff and board members will continue to seek to improve compliance levels with the statutory objective decision timelines as much as possible.”