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Taoiseach insists that planning objections must be restricted

Teresa's Gardens
/ 22nd November 2022 /
BP Reporter

A major reform of planning legislation will greatly restrict the ability of objectors to take judicial reviews against planning decisions.

However, new legislation being brought forward by Minister for Housing Darragh O'Brien is set to create division within government.

Those seeking to take a judicial review on planning decisions will first have to pass a substantive test to prove the decision directly affects them before being able to lodge a case under proposed legislation.

"This will stop someone in Cork taking a judicial review against a decision in Mayo," a source familiar with the reform said.

BusinessPlus.ie has also learned the legislation will create strict criteria around the constitution of an entity or grouping seeking a judicial review.

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The legislation will specify how many members are required and how long the entity has been in existence in order to be able to take a case.

Taoiseach Micheál Martin has repeatedly said the level of objections and legal challenges to planning applications is unacceptable.

Speaking yesterday at the sod-turning of a housing development by the Land Development Agency in Shankill, Co. Dublin, the Taoiseach said the legislation would be "a fundamental, comprehensive overhaul of the entire planning code".

He said new legislation would streamline the planning system and provide clarity on judicial reviews, which he said "is needed".

Mr Martin said he expected the legislation to generate "significant discussion" when it is published in the coming weeks.

It comes after international observers highlighted issues with existing planning legislation.

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Left to right: Daragh O'Brien, Micheál Martin, Mary Hanafin, Cathaoirleach DLR and John Coleman CEO, LDA. Pic: Orla Murray

Earlier this year, the International Monetary Fund told the government it was "very easy to challenge" applications here, and that the current system was "too cumbersome" and "hurting society".

High Court judge Charles Meenan said previously that the courts were inundated with lengthy and complex applications seeking permission to bring challenges to planning decisions.

Judge Meenan added that the court "simply does not have the judicial resources" to deal with the volume of cases.

The Green Party has previously voiced concerns over the plans, with TD Steven Matthews, the chair of the Oireachtas Housing Committee, describing them as "unacceptable".

Sinn Féin housing spokesman Eoin Ó Broin accused the government of pressing ahead with "reckless changes".

"This will be a retrograde step. It will make the planning system more adversarial and less participative and lead to more challenges at EU level, which will further delay critical infrastructure," he said.

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