Dáil Éireann Debate, Tuesday - 18 April 2023
719. Deputy Steven Matthews asked the Minister for Housing, Local Government and Heritage the position regarding proposed amendments to Part 9 judicial reviews under the current draft of the Planning and Development Bill; how they differ from the existing rules; and if he will make a statement on the matter. [16541/23]
View answerThe draft Planning and Development Bill was approved by Government in December 2022 and is the culmination of a year and half long review of the Planning and Development Act 2000 by the Office of the Attorney General. The draft Bill aims to ensure that the major debate is focused on the plan-making rather than the application stage, to facilitate greater clarity and long-term visibility in planning outcomes. This will ensure that adequate account is taken of the needs of the future population of new and expanded communities, as well as the needs of existing communities. In doing so the Bill takes appropriate account of the nature of planning decisions, which require careful balancing of public policy, public participation and environmental issues.
The main changes to Judicial Review (JR) contained within the draft Bill include the introduction of timelines for various steps in the Judicial Review process. A planning authority or An Coimisiún Pleanála will be able to correct an error of fact or law in a decision, not material to the overall decision, and will be able to apply for a stay on the determination of JR proceedings whilst making such corrections.
The draft Bill also brings enhanced clarity to the role of different parties in accessing justice. In the future, a case can be taken either by an individual or an environmental NGO or association who have sufficient interest in the case and meet other government requirements, as is the case in other European jurisdictions. Groups such as Residents Associations will still be able to take a JR but must also comply with these requirements. If they do not comply, the members of the association can still take it either individually or collectively as the provisions in the draft Bill do not prevent this.
Lastly, the draft Bill includes a provision for costs protection for JR, 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. A provision will be made in the Bill to bring forward an administrative scheme to deal with costs associated with initiating any proceedings relating to non-compliance with national law relating to the environment. Further details on this scheme will be included in the final Bill.
The Joint Oireachtas Committee on Housing, Local Government and Heritage has undertaken a significant pre-legislative scrutiny process on the draft Bill, over the past three months. I expect to receive their report shortly and will fully consider its recommendations, along with submissions on the Bill received from stakeholders, when preparing the final Bill.
