Critics believe overhaul of planning system will limit spurious objections

Key stakeholders have broadly welcomed a mammoth new Bill designed to overhaul the Irish planning system, which they say will limit spurious objections, speed up processes, and address the infrastructure deficits facing the country.

The Planning and Development Bill 2023, which runs to more than 700 pages, has been published in full by the Government, and is the result of a 15-month review by the Office of the Attorney General of the Planning and Development Bill 2000.

Among the key aspects of the Bill is the introduction of new restrictions on parties that are eligible to seek judicial reviews of decisions by An Bord Pleanála. Applicants must have “a sufficient interest in the matter”, and must be “directly or indirectly materially affected”.

There is also closer scrutiny of complaints surrounding “significant effects on the environment”, as the Bill demands that organisations mounting challenges on these grounds must be in existence for a minimum of a year.

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New measures in the Bill will also involve a scheme which could curtail winning parties from facing excessive legal costs.

Key reforms include:

• Improved consistency and alignment throughout all tiers of planning
• Significant restructuring and resourcing of An Bord Pleanála, which will be renamed An Coimisiún Pleanála
• Increased certainty across the planning system through the introduction of statutory timelines for decision-making, including for the first time An Coimisiún Pleanála
• New strategic ten year development plans for local authorities
• Reform of planning judicial reviews, including the introduction of a scale of fees and environmental legal cost financial assistance mechanism; improving access to justice while regulating excessive legal costs
• New provisions for urban development zones, underpinning key growth areas

Minister for Housing Darragh O’Brien said the Bill will have significance in “nearly every aspect of people’s lives, from infrastructure to tackling the climate transition”.

Ibec head of enterprise and regulatory affairs Aidan Sweeney said the Bill will now need to be scrutinised to ensure “it will provide a planning system that delivers certainty of outcome, is timely, and can address the infrastructure deficits facing Ireland”.

“Its success will be determined on how it delivers for Ireland in critical areas such as housing, enterprise, and of course, infrastructure,” he said.

“It is vitally important that Ireland’s future development is infrastructure-led. Critically, the Bill must also be examined in terms of its ability as a framework to deliver our climate action targets, as well as ensuring the necessary enabling infrastructure is in place to support sustainable growth across the economy and society.

“Ireland requires a planning system that is responsive, resourced, consistent, and certain. The country is facing increasing capacity constraints which will need to be addressed if we are to underpin ambitions in making Ireland a better place to live and work.”

Dr Seán O’Leary of the Irish Planning Institute (IPI), the all-island professional membership organisation for spatial planners, said a “crucial requirement” will be the need to “adequately resource the planning system across all sectors”.

“Key to the Bill’s delivery will be how it commences and progresses to ensure that the transition arrangements do not result in lost opportunities for development, in particular in relation to housing delivery and climate ambition,” he said.

Conor O’Connell, director of housing and planning with the Construction Industry Federation and director of the Irish Home Builders’ Association, said Ireland must be seen “as a country that can deliver projects”.

“We welcome the timelines in the Bill as well as the limitations on spurious objections that can occur,” he said.

“We look forward to the resourcing of the planning system to support a modern, dynamic economy. It is essential that the Bill not only delivers proper planning, but also development.”

The Bill will now be reviewed by the Oireachtas and is expected to be enacted next year.