Minister claims some people have 'weaponised' judicial reviews to stop housing projects

The Government is planning on introducing changes to judicial reviews through its new Planning and Development Act

Tue, 27 May, 2025 - 14:24

Tadgh McNally, Political Reporter

Judicial reviews have been "weaponised" by some people to prevent housing developments from going ahead, housing minister James Browne has claimed.

The housing minister has criticised individuals who use the courts to “prohibit very badly needed homes”. Some people instigate proceedings with the view that "simply, if you delay a project long enough, the project will fall," Mr Browne said.

Mr Browne said he didn’t believe everyone taking a judicial review on a planning application was doing so maliciously, adding it is a “legitimate part of our legal process”.

He said the Government was introducing changes to judicial reviews through its new Planning and Development Act, most of which is yet to be commenced.

“What we are doing is tidying up judicial reviews to ensure that only those who have a legitimate interest in a project can bring forward their objections to it,” Mr Browne said.

“I think the Planning and Development Act will really help to curtail the weaponising of judicial reviews, while allowing people who have legitimate concern exercise their concerns around that.”

Mr Browne said he did understand people’s concerns and he did not believe it was an ideological matter.

Mr Browne said:

Not to say their concerns are not real, but I think using the courts in that manner to perhaps prohibit very badly needed homes. I think that’s the concern I have in terms of weaponising.

“When I say weaponising, it’s not with a view to getting an actual legal result. It is simply slowing down the process enough to prohibit the delivery of the project.”

It comes as Mr Browne on Tuesday announced new emergency legislation to extend the life of planning permissions. This will allow developers who have just two years left on their planning permission to apply for a three-year extension.

However, these applications must be made within six months of the law commencing and development must begin within 18 months.

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It will also mean that for the duration of a judicial review, time allocated to the planning permission will not expire.

Mr Browne said he aimed to have the legislation passed by the Dáil before the summer recess.

It comes as the housing minister admitted it would be “extremely challenging” to meet housing targets for 2025, after the Economic and Social Research Institute (ESRI) warned that delivery for this year would likely be around 34,000 houses.