Fears that new planning bill 'will make system even more difficult'

Darragh O'Brien: Concerns have been raised about a Government amendment that would see planning authorities overruled if they refuse new developments solely on the basis that housing is maxed out in a particular area under a local development plan. Picture: Damien Storan

Concerns have been raised about changes to the new planning bill that would allow local authorities to be overruled if they reject new developments in areas that are already "maxed out" for housing.

The Planning and Development Bill 2023, which is the third biggest bill in the history of the State at over 700 pages long, is seeking to consolidate and reform existing planning laws into one single piece of legislation.

The bill is set to get even longer, however, with over 1,100 amendments being tabled by both the Government and the opposition, as the legislation enters into the committee stage to be interrogated by TDs and senators.

The original bill included new restrictions to make it harder to take judicial reviews against planning decisions alongside changes to An Bord Pleanála.

In its current format, restraints will be introduced on residents’ associations bringing forward judicial reviews, with a requirement for a constitution, and a vote of two thirds in favour of taking the case to court.

Of the amendments, which were published on Thursday, almost 400 are in the name of Housing Minister Darragh O’Brien, while opposition spokespeople, such as Sinn Féin’s Eoin Ó Broin and Social Democrats Cian O’Callaghan, also have a significant number of changes.

Particular concerns have been raised about a Government amendment that would see planning authorities overruled if they refuse new developments solely on the basis that housing is maxed out in a particular area under a local development plan.

Mr O’Callaghan said that this amendment in particular shows that the Government is taking significant input from developers:

The overall approach they are taking is to change or abolish the rules rather than to solve the problem."

However, a spokesperson for the department said that this is to allow for an “appropriate and proportionate element of flexibility” in the planning process around housing unit capacity and zoning.

Mr Ó Broin says the large number of amendments tabled by the minister and Government TDs show that the bill is not fit for purpose.

“The fact that there are over 1,000 amendments, and half of those are from the Government and Government TDs shows that this bill isn’t right,” Mr Ó Broin said.

He argues that the legislation, as currently written, will make the planning system more cumbersome and lead to further litigation.

“This bill runs the risk of making our planning system much worse,” he added.

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The department spokesperson argued that the vast majority of Mr O’Brien’s amendments are “non-substantive in nature”.

“They seek to further clarify language, improve cross-referencing and syntax, and, ultimately, make the legislation as user-friendly for both the public and practitioners as possible,” the spokesperson said.