Introduction to the Bill’s Key Reforms
Some key reform to the Planning system under this bill, which we will discuss further below are;
- Alignment and Clarity Across Policies
- The bill aims to foster greater alignment throughout all tiers of planning, from local to national levels.
- It also set out a hierarchy of these tiers where collaboration between each tier is encouraged.
- Long-Term Strategic Development Plans
- Local Authorities will be now mandated to develop new ten-year Development Plans.
- These should provide a strategic framework for sustainable development and spatial planning at the local level.
- Restructuring and Re-naming ‘An Bord Pleanála’
- An Bord Pleanála is set to undergo restructuring and changes to resourcing.
- Under this bill ‘An Bord Pleanála’ is to be renamed ‘An Coimisiún Pleanála’, reflecting a renewed focus on its functions and responsibilities.
- Introduction of Statutory Timelines
- This bill introduces statutory timelines for all consent processes, including for the first time for An Coimisiún Pleanála/ An Bord Pleanála, to bring certainty to the planning consent process
- Reform of Planning Judicial Review
- The bill includes reforms to the planning Judicial Review process.
- The aim of these reforms is to refine existing procedures and introduce a Scale of Fees and Environmental Legal Cost Financial Assistance Mechanism.
- Introduction of Urban Development Zones
- Provisions for Urban Development Zones will be introduced.
- These provisions aim to give a framework to facilitate strategic development and regeneration initiatives in designated areas.
1. Alignment and Clarity Across Policies
The Planning and Development Bill 2023 main aim is to create more consistency and coherence within the planning system. In Ireland, the planning system consists of three tiers: National, Regional, and Local. Each tier has its own role: the National sets broad policies, the regional coordinates, and the Local implements plans on the ground. By clarifying these roles, the Bill aims to make decision-making more transparent and efficient.
Two key documents the National Development Plan (NDP) and National Planning Framework (NPF) guide development across different planning levels. The new bill aims to make their implementation clearer and more consistent by aligning planning cycles and clearly defining roles and responsibilities at the National, Regional, and Local levels.
Notably, the reforms include elevating Ministerial guidelines and directives to ‘National Planning Policy Statements’ and ‘National Planning Policy Guidance’, backed by legal authority. These documents, endorsed by the Government, will offer clear directives for planning decisions. Furthermore, all planning documents will be mandated to adhere to these statements, ensuring uniformity in planning strategies nationwide.
Environmental Assessments
In recent years, there has been a notable increase in Environmental Assessments within planning processes in Ireland. This heightened focus is a result of a growing recognition of the urgent environmental challenges we face, which have manifested as more mandates around Environmental Assessments from both national and EU legislation.
The primary goal of the 2023 Bill has been to integrate these national and EU environmental laws into the national planning legislation, to ensure clarity surrounding environmental assessments within planning processes.
2. Long-Term Strategic Development Plans
Under the Planning and Development Bill 2023 Local authorities are obligated under the law to draft ten-year Development Plans for their respective areas.
These plans set out their planning strategy for the area, ensuring it is compliant with planning law and also promotes sustainable development These plans undergo regular review cycles, with revisions mandated.
Development plans are not a new concept and did exist under the previous act. However the Lifespan of development plans are to be extended from six years to ten years, meaning that they must have a more long-term focus and also be more strategic.
In order to allow for flexibility under the 2023 bill Local elected members will review plan performance after 5 years. These local elected members can propose amendments that will ensure plans account for wider changes which have occurred since inception.
3. Restructuring and Re-naming An Bord Pleanála
An Bord Pleanála is the Irish planning body who decides on appeals from planning decisions made by local authorities.
Under the 2023 Bill, An Bord Pleanála is undergoing significant change. One notable change is the decision to rename the institution as ‘An Coimisiún Pleanála’, reflecting the reformation in the body.
This renaming has faced some resistance from officials within An Bord Pleanála, and despite the renaming, as of today, the institution’s website still uses the name ‘An Bord Pleanála’, indicating a transitional phase in this process.
However, more importantly, in addition to the renaming, there is a comprehensive restructuring of the body underway, under the Bill. This restructuring involves the separation of corporate, decision-making, and governance functions to enhance efficiency and clarity within the institution.
Under the 2023 Bill, the roles within the restructured body have been clearly defined:
- Planning Commissioners
The Planning Commissioners are tasked with decision-making on appeals and applications. They operate under the oversight of the Chief Planning Commissioner, a new role created by this bill. - Governing Board:
This board is responsible for governance and organisational oversight. Their role is setting strategic directions and ensuring accountability within the institution. - Corporate Spine
Serving as the backbone of the institution, the Corporate Spine provides essential support to all functions, to promote coordination across departments. It is overseen by the Chief Executive Officer.
4. Introduction of Statutory Timelines
The 2023 Bill introduces clearer categories of consents, aimed facilitating easier identification for applicants. Consents are the permissions or approvals granted by the relevant authorities for various planning activities.
Statutory mandatory timelines are introduced for all consent processes.
For the first time there are timelines for the decisions of ‘An Coimisiún Pleanála’. These timelines will apply to various stages of the commission’s processes, from appeals to consent applications. The Bill also outlines a range of measures to address obligations if the commission exceeds the stipulated time limits. These include mutually agreed time extensions, public notification and reporting, fines, and Ministerial intervention for review.
What will be the effect of these timelines?
While regular planning applications typically proceed on time, delays primarily affect larger, more complex projects, which leads to various appeals processes.
Under the 2000 Planning Act, only applications to Local Authorities were subject to statutory timelines. However, the new Bill will roll-out new timelines to both application and appeals processes of An Coimisiún Pleanála. This change aims to bring increased certainty to planning consent processes. This should benefit both the public and stakeholders in new infrastructure products, especially large-scale housing and renewable energy projects.
5. Reform of Planning Judicial Review
What is Judicial Review?
In short, Judicial Review is a process through which governmental actions are subject to scrutiny by the courts. Unlike most appeals, judicial review focuses on the decision-making process rather than the decision’s content.
Changes to Planning Judicial Review
The Planning and Development Bill 2023 introduces significant modifications to the planning judicial review process.
Environmental Legal Costs Financial Assistance Mechanism
One of the key reforms introduced by the bill is the Environmental Legal Costs Financial Assistance Mechanism. This mechanism aims to alleviate the financial burden associated with judicial review applications, whether they are successful in their proceedings or not, making the process more accessible to all stakeholders.
The Environmental Legal Costs Financial Assistance Mechanism will introduce a corresponding Scale of Fees for planning-related judicial reviews and Aarhus Convention cases.
Notably, each party will bear its own costs, but applicants who are unsuccessful or do not receive costs can seek a contribution from the mechanism, potentially covering up to 100% of the applicable scale fees based on their circumstances.
Limiting Judicial applications and appeals
The bill also imposes restrictions on judicial review. For example, it requires applicants to raise all grounds or reasons for review in the initial application without the ability to amend them later. This measure aims to minimise delays and expedite the review process.
Additionally, applicants are to exhaust available appeal procedures or administrative remedies before seeking judicial review, with exceptions for specified bodies such as Environmental NGOs.
Inclusion of Residents’ Associations in Judicial Review process
Another interesting amendment to the planning Judicial review process is that Residents’ Associations are also empowered under the bill to take judicial review cases, provided they meet specific requirements outlined in the legislation.
These include;
- Having a constitution,
- Taking a vote of their members on whether to go ahead with a Judicial Review,
- Two-thirds of those voting agree to process with the Judicial Review, and
- The names and addresses of those in favour of the Judicial Review, are filed with the application.
Removal of application for leave
Finally, under this bill, another significant change has been made in the planning judicial review process with the removal of the “application-for-leave” stage. Traditionally, individuals or organisations challenging a planning decision had to file an “application for leave” to seek judicial review. This stage, known as the “leave stage,” acted as a preliminary assessment by the court to determine if the applicant had sufficient grounds and interest to proceed with their judicial review application. Its primary purpose was to serve as a filter, distinguishing between valid claims and those lacking merit or being vexatious in nature. However, its removal from the process was implemented as part of an effort to reduce court time and minimise unnecessary legal costs.
Introduction of Urban Development Zones
The recent bill introduces Urban Development Zones (UDZs) as a replacement for the Strategic Development Zones established under the Act of 2000. These UDZs empower local authorities to designate areas with significant development potential as Candidate Urban Development Zones, with a primary focus on housing initiatives.
Once designated, the government can approve these areas as Urban Development Zones, where they will be targeted state investment in key enabling infrastructure. This strategic approach aims to unlock the full development potential of these zones in a timely manner.
Key components of the UDZ framework include:
- Planning and Zoning Regulations
The bill sets out specific planning rules for UDZs. These rules cover zoning, land use, and density to maximise land use efficiency and support sustainable development. - Infrastructure Investment
The framework emphasises the importance of infrastructure, prioritising transportation networks, utilities, public amenities, and green spaces within UDZs to support efficient and sustainable urban growth. - Community Engagement and Participation
Recognizing the importance of community input, the framework emphasises mechanisms for involving local residents, businesses, and stakeholders in decision-making processes. This ensures that development initiatives align with community needs and priorities. - Environmental Considerations
Environmental sustainability is integrated into the framework through provisions for environmental impact assessments, green building standards, and conservation measures.
These measures aim to mitigate the ecological footprint of development activities within UDZs.
