The Minister for Housing, Local Government and Heritage, Darragh O’Brien TD, the Minister of State for Planning and Local Government, Kieran O’Donnell TD, and the Minister of State for Heritage and Electoral Reform Malcolm Noonan TD, have welcomed the publication today of the Draft Planning and Development Bill 2022.
The Bill, if enacted, will bring greater clarity, consistency and certainty to how planning decisions are made. It will make the planning system more coherent and user-friendly for the public and planning practitioners.
Among the main provisions in the Bill, the product of a 15-month review of the planning system led by the Office of the Attorney General, are:
- strengthened legal status for Ministerial guidelines
- amended focus and lifespan of Local Development Plans: these will be extended from six years to ten years, with a review after Year 5.
Plans will be more strategic in nature. They will give a strong sense of what is being planned for particular areas before any planning applications emerge.
- statutory mandatory timelines for all consent processes, including An Bord Pleanála (ABP) decisions, to bring certainty to the planning consent process.
- changes to Judicial Reviews (JRs) of planning decisions: there will be timelines for various steps in the JR process
- a re-structuring of ABP: the agency will be re-named An Coimisiún Pleanála and its decision-making and governance structures separated.
Housing for All, the government’s housing plan to 2030, committed to a comprehensive review and consolidation of planning legislation.
Welcoming the publication of the Draft Bill, Minister O’Brien said:
“Housing for All committed to undertake an overhaul of planning legislation to ensure that it is fit for purpose to meet the needs of our country, both in terms of the delivery of key infrastructure, such as housing and renewable energy, and in terms of its compliance and alignment between European and national law and between different tiers of plan-making. In developing this legislation, the Government has been mindful of ensuring that public participation is safeguarded within our planning system and that members of the public can more clearly navigate planning legislation. This legislation will improve its accessibility and encourage the wider public to engage in the plan-making processes of their local towns and cities.
“Significantly, we are introducing a range of statutory timelines across the consenting processes, including for An Bord Pleanála for the first time. These will enhance confidence, transparency and consistency within the system. In line with this, timelines will also be included for the various steps in the Judicial Review process, including for pleadings, hearing of cases and delivery of judgements by the court. This too will give greater certainty for all involved in the Judicial Review process.”
Minister of State with responsibility for Local Government and Planning, Kieran O’Donnell TD stated:
“This legislation modernises Ireland’s planning landscape and strikes the right balance between efficient delivery of key infrastructure like housing and renewable energy systems, with consideration of environmental and social impacts, informed by local public participation.
“A wide range of stakeholders from across a diverse range of sectors have informed this process through mechanisms such as the Planning Advisory Forum. This has helped to highlight the areas of commonality across a system seeking greater clarity, consistency and certainty, aims that will be delivered through this proposed legislation. I would like to thank all these stakeholders for their enthusiastic and active engagement with the process to date.”
Minister of State with responsibility for Heritage and Electoral Reform Malcolm Noonan TD stated:
“In the drafting of this legislation we have worked closely with our partners in the Department of Environment and this Bill will bring increased clarity regarding environment assessments in the planning process and greater integration of the scope and role of environmental assessments into plan-making functions and the consenting process.
“Importantly, it will bring increased capacity for local authorities to utilise Compulsory Purchase Orders so that they can acquire vacant or derelict properties to develop for residential use themselves or to sell to homebuyers. The most sustainable home is the one already built and I believe this is a key element of the new planning legislation.”
Minister O’Brien has now formally requested pre-legislative scrutiny of the the Draft Bill by the Joint Oireachtas Committee on Housing, Local Government and Heritage. This will commence over the coming weeks before proceeding before the Houses of the Oireachtas.
ENDS
Further Information / Notes for Editors
- The Draft Planning and Development Bill 2022 is available by clicking here.
- A policy guide to the new Draft Planning and Development Bill 2022 is available by clicking here.
Among the main provisions in the Bill, the product of a 15-month review of the planning system led by the Office of the Attorney General, are:
- strengthened legal status for Ministerial guidelines: Ministerial guidelines and policy directives will be upgraded to ‘National Planning Policy Statements’ and ‘National Planning Policy Guidance’. These will be approved by Government. Alignment of other planning documents with these will be mandatory
- amended focus and lifespan of Local Development Plans: these will be extended from six years to ten years, with a review after Year 5. Plans will be more strategic in nature. They will give a strong sense of what is being planned for particular areas before any planning applications emerge. This will help ensure that public engagement and major local debate is focused on the plan-making rather than planning application stage. It will facilitate greater clarity and long-term visibility of planning outcomes. Local Area Plans will be replaced by specific types of area-based plans to meet particular needs (Urban Area Plans; Priority Area Plans; Joint Area Plans; Strategic Development Zones/Urban Development Zones)
- statutory mandatory timelines for all consent processes, including An Bord Pleanála (ABP) decisions, to bring certainty to the planning consent process. Timelines are being introduced for appeals and consents applications made to ABP (including Strategic Infrastructure Developments). Where ABP fails to make decisions with these timelines, it will be subject to fines. The exact timelines will be included in the finalised Bill. It is intended that the timelines for ABP will be introduced on a phased basis, starting with those for Strategic Infrastructure Developments (including energy projects)
- changes to Judicial Reviews (JRs) of planning decisions: there will be timelines for various steps in the JR process. ABP will be able to correct an error of fact or law in a planning decision and will be able to apply for a stay on the determination of JR proceedings whilst making such corrections. The Bill will bring clarity to the role of different parties in accessing justice. In the case of applications for JRs by certain organisations, these will be taken by an individual or individuals
- a re-structuring of An Bord Pleanála: the agency will be re-named An Coimisiún Pleanála and its decision-making and governance structures separated. It will consist of Planning Commissioners (consisting of a Chief Planning Commissioner and up to 14 full-time Planning Commissioners), who will replace the Chairperson and Board Member roles. A new Governing Executive (led by a Chief Executive) will be responsible for the organisation’s governance and organisation
- clearer distinction between different categories of consents (Standard Planning Application; Applications made directly to ABP; Alterations, extensions and revocations of permissions and local authority and State authority developments)
- costs protection in JR cases: costs protection for judicial review cases, providing that there will not be any order for costs in any such proceedings unless the Court considers that the proceedings are frivolous or vexatious or an abuse of process
- increased clarity regarding environment assessments in planning process: greater integration of the scope and role of environmental assessments into plan-making functions and the consenting process
- increased capacity for local authorities to utilise Compulsory Purchase Orders in pursuance of their functions, for example, to acquire vacant or derelict properties for onward sale, for example, to develop for residential use