Dáil Éireann Debate, Thursday - 15 December 2022
226. Deputy Róisín Shortall asked the Minister for Housing, Local Government and Heritage his reason for proposing to block residents' associations from taking High Court actions against planning decisions; if he will provide details of the research undertaken to support the need for such a measure; and if he will make a statement on the matter. [63073/22]
Amharc ar fhreagraThe review of planning legislation, which was led by the Attorney General, and the draft Bill it has produced represents the most comprehensive review of planning since the current Planning and Development Act was first drafted.
The structures of planning have also been reviewed to ensure alignment and consistency, both with our European and environmental obligations and in relation to the various tiers of national, regional and local plan making. Users of the planning system will benefit from greater certainty through the introduction of a range of statutory and mandatory timelines across the various consenting processes.
Taking account of the Aarhus provisions, clarity is being brought to the role of different parties in accessing justice.
The provisions in the draft Bill require an applicant for Judicial Review to have sufficient interest by being directly or immaterially affected by the matters to which the applicant relates.
Where a judicial review relates to a decision on a development requiring an Environment Impact Assessment or Appropriate Assessment, an NGO or an association will be regarded as having sufficient interest where it has been incorporated as a company, with at least 10 members, and have a constitution that has protection of the environment as an object and has been pursuing these objects for at least one year. It also needs to have passed a resolution authorising the bringing of the Judicial Review.
Residents Associations can still take Judicial Review proceedings but they must comply with these requirements. If they do not comply, the individual residents can either sue individually or collectively as the provisions in the draft Bill do not prevent this.
Costs protection will also be introduced for those taking Judicial Reviews and the details of this will be clarified over the coming months.
The draft Bill, which was approved by Government on 13 December, will be sent for pre-legislative scrutiny once it has been published in January and I hope it will be enacted in Spring 2023, subject to the Oireachtas timetable.
