Planning chaos as hundreds of applications risk being invalid after regulation error

The problem has arisen, according to the Irish Planning Institute, because the department gave effect to a new regulation, known as a statutory instrument, without any lead-in time or any consultation with planners or other interested parties.

All planning applications submitted since August 6 may be invalid due to errors committed within the Department of Housing, the Irish Examiner has learned.

What are described as “hundreds of applications” could be “deemed to be technically invalid”, the Irish Planning Institute (IPI) says.

Even if not deemed invalid, the IPI claims, a risk exists it could be “successfully argued in a legal challenge” that any permissions granted in that timeframe should be ruled so.

In the event of the applications being deemed invalid, the impact “would place significant strain on the system as a month of applications would be re-submitted concurrently with the regular caseload”, according to a letter of complaint from the IPI to the department.

The issues arise for all planning applications across infrastructure, wind energy, housing, and even domestic extensions.

The problem has arisen, according to the institute, because the department gave effect to a new regulation, known as a statutory instrument, without any lead-in time or any consultation with planners or other interested parties.

The Renewable Energy Directive from the EU sets out conditions for advertising for planning to do with wind energy. 

Ireland was supposed to transpose the directive in November 2023, but that was not done. 

There has been a number of issues around planning for renewable energy which fed into the delays.

On August 6, the department gave effect to the directive. 

However, an element of it pertaining to site notices has been interpreted by some local authorities as applying to all planning permissions. 

The new template for site notices covered by the regulation has a box which must be ticked.

It is unclear to many planners whether this applies to projects that do not have a renewable energy element. 

Any notices used for planning applications since August 6 that have not used this form are therefore potentially invalid, the IPI has pointed out.

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Planners have also said that not alone was there no lead-in time for the new regulation, but it was only published six days after it came into effect. 

There have also been issues around how different councils are interpreting the new regulations.

The IPI’s senior planner, Seán O’Leary, has written to the department. 

He is highly critical of how planners were informed of the changes.

“We understand that all or nearly all applications around then, and the large majority up to the current date, do not reflect the changes in the regulations,” he said.

“A reasonable lead-in time should always be provided for such changes to allow for the necessary dissemination of the new requirements, including through early engagement with the [IPI].”

One source said there is “mass confusion” about the statutory instrument.

A spokesperson for the department acknowledged the gap between the regulations coming into force and the issuing of a circular had caused “some operational issues”, adding: “Further legislation has been drafted which seeks to remedy the issues arising.”

On whether any planning applications are in danger of being deemed invalid, he said the day-to-day operation of the system is the responsibility of local authorities and An Coimisiún Pleanála.