Dáil Éireann Debate, Thursday - 1 December 2022
15. Deputy Alan Farrell asked the Minister for Housing, Local Government and Heritage his views on the impact of the rising number of judicial reviews with regard to the delivery of much-needed housing; and if he will make a statement on the matter. [59239/22]
View answerThere has been a notable increase in the number of judicial review cases taken against decisions of An Bord Pleanála (the Board) over the last number of years, many of which have related to Strategic Housing Development (SHD) cases of 100 housing units or more, or student accommodation or shared accommodation developments of 200 bed spaces or more. The sole mechanism for appealing against SHD decisions made by the Board has been by the way of judicial review challenge to the High Court, which has contributed to the recent increased number of judicial review challenges taken against the Board regarding large housing developments. The increase in the number of judicial review challenges in this area has been one of the factors contributing to the delay in the progression of such much-needed housing developments while also contributing to cost increases in respect of relevant projects.
However, further to commitments in the Programme For Government and Housing For All, new planning arrangements in respect of large-scale residential developments (LRDs) were enacted in December 2021 through the Planning and Development (Amendment) (Large-scale Residential Developments) Act 2021. The LRD arrangements have replaced the SHD arrangements, restoring primary decision-making in respect of such developments to the local planning authorities with the possibility of subsequent appeal to the Board. It is anticipated that these new arrangements in respect of LRDs in allowing for appeal to the Board should lead to a reduction in the number of judicial review challenges in this area in the future.
Reforms of the judicial review provisions in the Planning and Development Act 2000, as amended, are also contemplated in the ongoing review of planning legislation being undertaken by the Attorney General, which it is intended will lead to some streamlining of the judicial review procedures in the Courts in respect of planning-related challenges and reduce timelines in the delivery of Court judgements. It is expected that legislative proposals in this regard will be published shortly.
