Catherine Ardagh
Question:398. Deputy Catherine Ardagh asked the Minister for Housing, Local Government and Heritage his response to concerns in relation to planning reform and judicial review (details supplied). [16101/26]
View answerThursday, 26 February 2026
Questions (398)
Written answers
One of the most important areas of reform in the Planning and Development Act 2024 (Act of 2024) is Part 9, which updates the processes and procedures of planning judicial review (JR). It also facilitates the introduction of cost mechanisms whose purpose is to reduce costs and ensure that the costs associated with a JR are not prohibitively expensive in what has been recognised as an extremely high cost environment; maintaining compliance with Ireland’s commitments under the Aarhus Convention.
These reforms have been underpinned by a detailed review and advice of the Office of the Attorney General as well as extensive engagement with stakeholders and other relevant Government Departments, in particular the Department of Climate, Energy and the Environment, who are leading on the regulation of the cost mechanisms outlined in Chapter 2 of Part 9. A full breakdown of the reforms contained in Part 9 is available at: www.gov.ie/en/department-of-housing-local-government-and-heritage/publications/key-policy-reforms-planning-and-development-act-2024/
I must reiterate that in all instances the aim of the reforms are to expedite the processes related to taking a JR, lower costs so that accessing a JR is not prohibitively expensive and safeguard access to justice.
The special protected status of environmental non-governmental organisations (eNGOs) to take JR proceedings is maintained in the Act of 2024. Such organisations are not required to have made a submission to the relevant decision-making body or to be materially affected by the matter where the JR proceedings relate to a development likely to have significant effects on the environment or a European site, or relate to an act or omission in contravention of a provision of the Act of 2024 relating to the environment. The Act does introduce basic minimum good governance requirements which do not represent a barrier to any legitimate environmental organisation and include being in existence for at least one year, having a minimum of ten members, having protection of the environment as a stated objective of the organisation’s constitution and making a decision at the Board level of the organisation to pursue an application to take a judicial review. These minimum requirements protect the special privileges afforded to bona fide environmental organisations from misuse.
Similarly, unincorporated bodies, such as residents’ associations and clubs, maintain the right to take JR proceedings, subject to having a sufficient interest (i.e. being directly or indirectly materially affected by the matter) and satisfying certain minimum governance criteria. These governance criteria include taking a vote of members of the resident association or club and providing information to the Court to state who is taking the case. This is intended to verify the mandate and bona fides of the unincorporated body in order to facilitate their inclusion in the JR process.
Ireland has one of the most open and participative planning systems in Europe, with third party appeal mechanisms and up to four opportunities for citizens to influence the decision making process. Judicial review is an important element of that system, ensuring decisions are correctly arrived at. This is why access to judicial review is safeguarded in the Act of 2024. However, well documented delays and excessive costs associated with the present JR system must also be addressed by Government policy as ultimately the costs associated with such matters are borne by Irish society as a whole, through increased house prices and delays to critical infrastructure including public transport, hospitals, waste water treatment and the delivery of renewable energy.
The Planning and Development Act 2024 also introduces statutory timelines for all consenting processes so that all parties can have confidence the timeliness of resolution of decisions and provides for a significantly revised corporate structure for An Bord Pleanála, now renamed An Coimisiún Pleanála, with a separation of corporate, decision making and governance functions with a full complement of staff, to meet its new statutory obligations.
Further reforms cited in the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation Accelerating Infrastructure Report and Action Plan were prepared following extensive stakeholder engagement with more than fifty organisations including Government Departments, regulators, utilities, local authorities, industry bodies and professional services firms as well as a national public consultation with over 160 submissions and public events. . All such reforms, where appropriate will be subject to relevant environmental screening and assessments, as is required by our obligations by European Directive.