Groups say planning law not compatible with Citizens’ Assembly biodiversity recommendations

Environment Minister Ryan 'is misguided if he believes he can push through climate infrastructure and hogtie the public so they can't challenge unlawful decisions', says Attracta Uí Bhroin, environmental law officer with Environmental Pillar. Picture: Gareth Chaney/ Collins Photos

Various groups have called on Environment Minister Eamon Ryan to clarify the Green Party's stance on measures in the Draft Planning and Development Bill that they say will damage the chances of reversing biodiversity loss.

A report of the Citizens’ Assembly on Biodiversity Loss has made recommendations for stronger public access to legal processes that could affect the environment.

However, the Draft Planning and Development Bill, currently in pre-legislative scrutiny, seeks to prevent residents’ associations and some non-governmental organisations (NGOs) from taking judicial reviews on planning decisions, as part of a streamlined planning process.

Individual objectors would need to prove that a project impacts them directly before being able to seek a judicial review.

What's your view on this issue?

You can tell us here

An Taisce natural environment officer Elaine McGoff said the provisions in the draft bill do "exactly the opposite" of what is needed to reverse biodiversity loss.

"Eamon Ryan should have a strong role to play in protecting the public’s right to take to the courts to protect nature,” she said.

Ms McGoff highlighted a recommendation of the biodiversity loss report that calls for stronger access to legal action for members of the public seeking to protect the environment.

"The Draft Planning Bill is trying to do the exact opposite of that, and trying to prevent citizens and groups and NGOs from being able to access the courts,” she said. 

It’s interesting to see that the Citizens' Assembly is exactly contradicting what the Government is trying to do with the draft planning bill.” 

Environmental Pillar, an umbrella group representing 32 environmental NGOs, said that if the planning bill is passed in its current form, it will restrict the ability of its members to work towards the recommendation of the Citizens' Assembly biodiversity report.

“The draft planning bill will dramatically restrict the ability of environmental NGOs to hold public authorities to account,” said spokesperson Jamie Brunkow.

“This is in direct opposition to the recommendations in the Citizens’ Assembly report, which call for the widening of access to justice rights and strengthening of the public’s voice in defending biodiversity.” 

The latest data shows that 40.6% of Irish habitats are under threat from human development and construction activities, and 10% are under threat from roads and transport systems.

Attracta Uí Bhroin, environmental law officer with Environmental Pillar, said planning for climate infrastructure needs to come hand in hand with protecting biodiversity.

“Minister Ryan is misguided if he believes he can push through climate infrastructure and hogtie the public so they can't challenge unlawful decisions,” she said.

Local communities are key to protection on the ground — anyone genuinely interested in nature protection knows that.” 

Mr Ryan did not respond to a request for comment, but 

A spokesperson for Mr Ryan said: "The Draft Planning Bill is exactly that — a draft bill. It is currently undergoing pre-legislative scrutiny by the Oireachtas Housing committee which is expected to make a number of recommendations regarding the bill’s final wording. It would be premature to pre-empt its recommendations".