Planning Legislation in Ireland: Changes and Reforms

In October 2024, the Irish government implemented the Planning and Development Bill 2023, signifying a major reform of the country's planning framework. This thorough legislation seeks to simplify procedures, improve efficiency, and synchronize planning methods with modern requirements. The bill is the third-largest piece of legislation in Ireland's history, with about 900 pages.

In this blog, we'll look at the key reforms within the legislative bill, their implications, and the controversies that have arisen.

Introduced Key Reforms

• Statutory timelines for consenting processes

A key feature of the new legislation that stands out is the statutory timelines for all consenting processes. For instance, those that fall under the jurisdiction of An Bord Pleanála, now also called An Coimisiún Pleanáilte. These timelines have been set in place in an attempt to foster single-window confidence. In addition, the certainty of the applicants is provided by providing them with specific timelines for the planning decisions. This change will likely impact the efficiency of the planning process. Therefore, it will help developers and local authorities.

• Restructuring of An Bord Pleanála

With the completion of this TEAGB, An Bord Pleanáela is now subject to greater restructuring, in an effort to improve the efficiency of the organization alongside heightening the transparency and media accountability. This change restructures corporate, decision-making, and governance functions, hoping to solve some of the previous criticisms the authority has faced. The objective of such an alteration is to increase the public trust of the people of Ireland towards the central planning body while ensuring more justification for their operation.

• Synchronization of the planning levels

A critical point of consideration in the bill is the syncing of aspirations at every tier of planning - both national and local. This requirement of alignment is essential to guarantee that policies and directions are clear and integrated. Therefore, it is important to minimize gaps that have historically resulted in obstructions and instances of misunderstanding. The legislation seeks to integrate national policies with local plans in development to enable coherent economic growth in Ireland.

• Changes to the Planning Reforms Act regarding civil actions

The negative impact of judicial review on the timeliness of finalizing major infrastructure projects has been well documented. The recently proposed bill attempts to address these critiques by changing the way complex multilayered judicial reviews are conducted through the Environmental Legal Cost Scheme. These measures are going to result in faster and more affordable legal proceedings. Controversy remains around the new measure, and concerns over public interest and its ability to be exercised have surfaced.

• Establishment of Urban Development Zones (UDZs)

The law allows local governments to propose areas with great developmental prospects. For instance, urban development zones. These areas concentrate on certain state expenditures in relevant basic structures. Furthermore, they enable development to happen at the right time and in the right place. By doing so, these centres are expected to open up to further investment. Why? Because of the development-friendly and adequate framework that will support further economic growth.

• Ten-year development plans

Local authorities are now required to produce ten-year development plans. Moreover, they will undergo review every five years. This strategic planning method synchronizes with census periods. In fact, it guarantees order while ensuring development goals are authentic to growth patterns. The protracted period affords increased complexity and longevity to planning.

Controversies and Criticisms

The Planning and Development Bill 2023, despite its wide scope, has faced substantial criticism:

• Importation of fracked gas

The definition of liquefied natural gas (LNG) facilities as "strategic infrastructure" is one of its most disputed clauses. Environmental activists claim this weakens Ireland's environmental pledges. Mark Ruffalo and other public figures have joined the bandwagon to oppose this clause because of environmental and health issues with fracking gas.

• Planning judicial review process

While changes are intended to make judicial reviews swifter, the critics of these reforms are concerned that the public's ability to engage in planning will be silenced. Many community and environmental entities are against what they see as denying justice to ordinary citizens. Furthermore, fearing a loss of democracy and a lack of openness in the planning system.

• Hasty legislative procedure

The pace through which the bill was approved has caused concern among the opposition parties and stakeholders who claim that the substantial amendments are unlikely to pass careful examination. They are worried that the hastily compiled legislation would be challenging when it comes to action.

Consequences for Stakeholders

• Developers and investors

The adoption of legal timeframe and urban development zones increases certainty and effectiveness, making Ireland appealing to investors. These reforms work best for the investors intending to undertake large-scale projects with minimal micromanagement.

• Local communities

As much as the reforms are aimed at improving productivity, there are still fears about the possible "trade-offs". For instance, the LNG infrastructure projects. This means that communities will have to help ensure that the needed development appropriately takes place.

• Environmental advocates

The strategic designation of LNG facilities as national-level infrastructure has alarmed many environmentalists. It will create an obstacle to Ireland's goal of reducing fossil fuel reliance, and without doubt, the advocacy will outline these issues as important to focus on.

Final Remarks

The Planning and Development Bill 2023 is poised to be one of the most revolutionary acts of legislation with respect to Ireland's planning system that seeks to improve efficiency, integrate functions, and promote development sustainability. Despite the issue of environmental impacts and the rate at which the legislation is passed, this new legislation has its challenges.

Developers, communities, and environmental advocates will need to dialogue as the changes take shape so that the planning system achieves the desired equilibrium between development, sustainability, and public interest.

At TOMVA, we appreciate the nuances of Ireland's planning system and stand ready to support clients with these changes. From manually steering through processes to integrating timelines, our skills ensure your projects are all set. Let's embark on the journey towards a better Ireland together.