Concerns raised bill will block communities seeking reviews of planning decisions

 Kate Corcoran and Linda Fitzpatrick of Chase protesting at the oral hearing into the proposed incinerators for Ringaskiddy in 2009. A new Bill would prevent groups like Chase from taking judicial reviews over planning decisions.

Concerns have been raised about a new planning bill by Cork Harbour Alliance for a Safe Environment (Chase), the community group that blocked a toxic waste incinerator from being built in Ringaskiddy.

Linda Fitzpatrick of Chase said that some measures in the proposed Planning and Development Bill will make it almost impossible for communities to engage fully in the planning process.

In its current format, the Bill would prevent groups, including community associations like Chase, from taking judicial reviews over planning decisions.

Applications for judicial reviews would have to be taken instead by individuals. 

If an organisation wants to apply for a judicial review, its application will have to be taken by an individual or individuals, the Department of Housing has said.

This element of the bill has raised significant concern, particularly among Green Party members who expressed fears about its potential to limit people’s and organisations’ access to justice.

There would also be stricter timelines for judicial reviews and for planning applications in general under the draft legislation.

Planning reforms

The new Bill aims to consolidate and reform the planning process and Government has said it is necessary to speed up the delivery of much-needed housing and infrastructure projects. Some concerns may be addressed during pre-legislative scrutiny of the bill in 2023.

“We have concerns that a group such as Chase was at its outset, would be excluded under the proposed amendments,” Ms Fitzpatrick said.

“Chase is an umbrella group and encompasses several other groups around the harbour. No single group would have had the capacity, the breadth of expertise, or the ability to fundraise that Chase as a group has had. There is a community behind this group, which is not represented by one entity or individual or Residents' Association.

“Chase has participated in the utmost of good faith, and time and time again our position has been validated by Inspectors, by the High Court, by the EU. In short, this umbrella community group has proven relevant to the process and we strongly believe that the ability for locals to form groups to engage in the process completely is essential to the integrity of the process.” 

She said that tightening the timeline for judicial reviews would also “make community-based legal challenges practically impossible.” 

“It is difficult enough as it is for a community to participate. We say this with due experience,” Ms Fitzpatrick said.

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“Chase has been engaged in the planning process through every iteration it has seen over the past 21 years.

“We are very aware of the shortcomings within the existing structures and the need for reform. We have in fact called for reform often, particularly within the Strategic Infrastructure process, which is already biased in the extreme towards the developer."

Chase will be submitting an observation to the draft bill, she said.