The mammoth 747-page Planning and Development Bill – the third largest piece of legislation in the history of the State – has completed committee stage in the Seanad. It is not the law of the land just yet and it will be back in the Oireachtas in the autumn. The Bill has had a bumpy ride during the legislative process, with rows between the Government and Opposition over the length of time allocated to examining the legislation. But what is in the Bill and will it speed up housing supply so that people will be able to get a home more quickly?
Q: Why does the Government want to pass the Bill?
A: The Planning and Development Bill is one of the key measures being brought in by the Coalition as part of efforts to solve the housing crisis. It is hoped the reforms it contains can speed up the delivery of housing and remove blockages in the planning system that can also delay renewable energy and transport infrastructure projects. Speaking in a debate on the Bill in the Dáil last November, Minister for Housing and Local Government Darragh O’Brien said it is “centred on achieving clarity, certainty and consistency in our planning system”. He said: “It is vital we embed structural changes in our planning system to help tackle the need for more housing and improved infrastructure and to urgently address climate change.”
Q: What will the law do?
A: There are a number of key measures. It proposes a system where all tiers of planning, from regional to local, align with the objectives in the National Planning Framework. The lifespan of local authority development plans will be increased from five to 10 years to allow them to be more strategic. There is to be significant restructuring of An Bord Pleanála, which will be renamed An Coimisiún Pleanála, and statutory timelines for decision-making will be introduced. There are measures related to judicial reviews – which have proved controversial in recent year and can hold up developments – with restrictions on parties that are eligible to seek such reviews of planning decisions. There is provision for new Urban Development Zones, areas identified for significant development including housing. One amendment from the Government prohibits demands by people for so-called “go-away” money in return for not objecting to property developments.
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Q: Will the Bill make it harder to challenge a development through judicial review?
A: It seems to be a case of yes and no. Mr O’Brien has said the number of judicial reviews has “grown significantly” in a way that is delaying the delivery of housing and infrastructure. There are new eligibility restrictions on who can apply for them but also measures to protect what the Minister called the “important role” of judicial reviews in the planning system. Under the Bill, applicants will no longer need to apply to the High Court for leave to take a judicial review case. There are measures designed to ensure the costs of judicial reviews are “not prohibitively expensive” in line with Ireland’s obligations to ensure access to justice under the Aarhus Convention. There will be a “scale of fees” for all planning-related judicial reviews and a successful applicant can seek their costs back.
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Q: But what about those new restrictions?
A: One provision that could reduce the number of cases is a requirement that under the legislation applicants must have “sufficient interest in the matter” and they must be “directly or indirectly materially affected” by the plans when seeking a judicial review of a proposed development. This could be a hurdle for people that wish to take a judicial review case relating to a planned property development far from where they live. There is also to be closer scrutiny of complaints surrounding “significant effects on the environment”, and the Bill requires that organisations mounting challenges on these grounds must have been in existence for a minimum of a year. So-called unincorporated organisations such as a resident association will still be able to take a judicial review case “subject to certain criteria”, including that it is approved by a vote of two-thirds of its members.
Q: Will the new law mean I can get a home more quickly?
A: It depends who you ask. The Government would probably argue yes. Mr O’Brien has pledged that the reforms “will facilitate increased housing supply”, which should help those seeking to get on the property ladder or in need of social housing. Taoiseach Simon Harris said this week that the there has been “good progress” in the Coalition’s Housing for All plan to increase the supply of housing which recognises “you have to use all of the levers at the State’s disposal”. He highlighted the Planning and Development Bill as an example of this saying it will “fundamentally improve our planning system”. In contrast Sinn Féin’s Eoin Ó Broin has contended that the Bill will “result in significant delays to much-needed housing”, saying it is “overly complex” and “unduly cumbersome”. Who is right should become clear as the impact of the planned changes play out over the coming years.
Q: What happens next?
A: The legislation must go back to the Seanad for the report and final stage in September and then back to the Dáil to be finalised before being sent to the President for his consideration.
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