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 for judicial review (JR) of decision making in planning cases. Part 9 of the Act also facilitates the introduction of cost mechanisms to help ensure that the costs associated with a Planning JR are not prohibitively expensive, whilst maintaining compliance with Ireland’s commitments under the Aarhus Convention.
These reforms were subject to detailed review and advice of the Office of the Attorney General as well as extensive engagement with stakeholders and other relevant Government Departments. They were approved by the Oireachtas in October 2024.
The Minister for Climate, Energy and the Environment is responsible for drafting the regulations necessary to underpin the cost mechanisms enabled by the Act of 2024. Public consultation on the matter was undertaken between December 2025 and January 2026 and submissions received are currently being considered.
Judicial Review plays an important role in ensuring accountability, fairness and access to justice with regard to decision making. The reforms contained in the Act of 2024 maintain access and participative rights while seeking to lower the cost barriers associated with judicial review at present.
Overall improvements to the alignment of policy throughout the planning system and the subsequent enhancement of consistency of policy application further to the 2024 Act are intended to result in a reduction in the need for recourse to the Courts. In addition, the legislation re-orientates the planning system towards the plan making phase – encouraging participating at the outset in the long term strategic planning of local communities.
For those who do wish proceed to judicial review, the reforms contained in Part 9 of the Planning and Development Act 2024 are aimed at improving efficiency, speeding up decision making and lowering costs for all parties in what is acknowledged to be a high cost legal environment.
These changes will, in combination assist in enhanced consistency of decision making and policy implementation and that JR cases are adjudicated efficiently and at lower cost. Access to judicial review, when required, is protected and available at a non-prohibitively expensive manner. As demonstrated in other European jurisdictions, this can be achieved without the very high legal costs experienced in Ireland. Such costs are ultimately are borne by all citizens, adding to the cost of housing and can serve to delay the delivery of critical infrastructure, in many cases related to the delivery of better public transport and increased generation of cleaner renewable energy.
