Government defends changes to judicial reviews of planning decisions

Green Party leader and Environment Minister Eamon Ryan, Taoiseach Leo Varadkar, and Housing Minister Darragh O'Brien at a press conference at Government Buildings following the approval of a major planning bill. Picture: PA

The Government is defending changes to how judicial reviews can be brought against planning applications, under extensive reforms of the country's planning laws.

The Planning and Development Bill, brought forward by Housing Minister Darragh O’Brien, received Cabinet approval on Tuesday after taking over two years to draft.

The bill itself, the third-largest in the history of the State at 691 pages, will reform how Ireland’s planning system operates, with reforms at An Bord Pleanála, changes to local development plans, and restrictions on judicial reviews all contained within.

Mr O’Brien described the bill as a “very significant change that will last the next 20, 25 years”.

The bill will change the manner in which judicial reviews can be brought by members of the public against planning decisions.

In particular, it will introduce restraints on residents' associations bringing forward judicial reviews, unless they have a constitution and vote two-thirds in favour of taking a case to court.

Any applicants for judicial reviews, barring environmental NGOs, will also need to have “exhausted any available appeal procedures” before they can take a court case against a planning decision.

Sources indicated that the changes to judicial reviews were brought forward due to an overarching fear of court action impacting on the planning system more broadly.

Taoiseach Leo Varadkar said the measures would reduce the number of judicial reviews being taken, but that he does not want to see no judicial reviews being brought.

“Access to the courts is an important part of our democracy. I think the reforms that are in the legislation will ensure that there are fewer vexatious reviews, that people and organisations have to have a real standing and a real case before they succeed in getting a judicial review heard,” said Mr Varadkar.

The Taoiseach said he wanted to see judicial reviews completed more quickly and that this is why the Government moved to appoint additional judges and introduce a specialist section of the High Court to hear such cases.

“Bear in mind what happens: You can agree important housing projects, really important transport projects, really important renewable energy projects. They can get held up for two to three years for judicial review that either fails or is withdrawn,” he said.

“What are the consequences of that? Who are the losers? We all are because we have to pay higher costs because projects get delayed.”

Mandatory, statutory timelines

Among the changes in the bill are mandatory, statutory timelines for decisions to be made on planning applications by An Bord Pleanála and other planning authorities. These timelines are set to range between 18 and 48 weeks, with the longer timeframes primarily for large infrastructure projects, such as railways and other infrastructure.

The Irish Examiner first reported that these timelines would be introduced , with escalating consequences contained within the bill if they are not met. These consequences include fines to  An Bord Pleanála and ministerial intervention through ordered reviews of the planning authority.

Reforms at An Bord Pleanála will see the body renamed as An Coimisiún Pleanála and will change the existing board structure, separating out the current decision-making and corporate roles.

The bill will provide for a new chief planning officer and up to 14 other planning commissioners, replacing the current chairperson and board structure. The governance of the organisation will be overseen by a new executive, headed by a chief executive and staffed by six other members.

These changes follow months of controversy at  An Bord Pleanála last year, which saw chairperson Dave Walsh opting to retire early last November.