Govt to discuss checks on legal challenges to planning decisions
Businesses and individuals bringing legal challenges to planning decisions will face additional restrictions under changes being discussed at Cabinet today.
Minister for Housing James Browne is reforming the area of judicial reviews in Irish planning amid Government frustration at delays in securing permission for large housing developments.
It is understood that the “leave to apply” stage of the judicial review will be removed as it is believed this is not functioning properly as a screening measure for valid cases.
The aim of the change is to save time and costs.
In addition, all applicants must provide evidence of sufficient grounds and sufficient interest.
The protected status of environmental NGOs to take judicial review proceedings is maintained.
Greater limits will also be put on the number of amended grounds applicants may add to their judicial reviews.
The new rules will only apply to decisions made under the Planning and Development Act of 2024.
The section of the Act relating to judicial reviews will come into force on 1 August 2025.
Changes mean more effort to bring legal challenges – solicitor
A solicitor specialising in planning and environmental law said that changes to the planning process in relation to judicial reviews will mean it will take more of an effort to bring challenges.
Speaking on RTÉ’s Morning Ireland programme, Brendan Slattery from solicitors McCann FitzGerald explained that a judicial review can be used on “every decision on a planning application”.
“If you’re unhappy with the outcome from that planning process, your remedy … is to ask the High Court to consider the legality of that decision.
“The system we have in Ireland is very open and easy to access the High Court in relation to these kinds of challenge.
“Ten years ago An Bord Pleanála as it was, might be sued only 15 times in a calendar year, last year it hit a record of 147, and this year it’s on target to exceed that record, there’s a number of challenges to its decisions.
“And when you’re delivering major infrastructure, whether it’s public transport, energy, water, waste water, housing and what you’re expecting … in many of those projects is that there will be an application to court.
“The concern obviously is around delay to start with and, in that context, what the reforms will do is strip out some of the unnecessary or wasteful features of the process,” explained Mr Slattery.
Memo to provide for €74m funding for rural community water schemes
Separately, Mr Browne will bring a memo to Cabinet providing for nearly €74m funding for rural community water schemes.
This will fund 291 projects nationwide, covering 63,000 households.
The Cabinet will also hear that the Minister for Health Jennifer Carroll MacNeill will defer the introduction of health warnings on alcohol labels for two years.
This is due to concerns raised about the impact of the move in the current global trading environment.
The labeling requirement was due to come in next year but it is expected to be deferred until 2028.
Meanwhile, Minister for Children, Disability and Equality Norma Foley will bring a memo to Cabinet to bring the Tuam intervention office under the indemnity of State Claims Agency.
This will allow the State Claims Agency to handle any potential claims in relation to the Office of the Director of Authorised Intervention, Tuam.
Minister for Enterprise Peter Burke will bring an action plan on market diversification for Irish exporters threatened by tariffs.
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