Ireland’s New Planning and Development Bill 2023

Earlier this year the Cabinet approved the Planning and Development Bill 2023 and, this week, the Government published the latest draft of the Bill, which is the third largest piece of legislation in the history of the Irish State. The Business Post has published a helpful ‘explainer’ article about this.

The new Planning and Development Bill 2023 is certainly a comprehensive piece of legislation, aimed at radically overhauling Ireland’s planning regime. While not exactly ‘overhauling’ planning, it is a fair attempt to modernise it. This Bill is the outcome of a 15-month review by the Attorney General’s Office, aimed at addressing inconsistencies and delays in development by rewriting the Planning and Development Bill 2000. Critally, the key changes include new timelines for decision-making, restructuring of An Bord Pleanála (to be renamed An Coimisiún Pleanála), and reforms to the judicial review system.

The judicial review system’s overhaul introduces new eligibility criteria for applicants, demanding a direct material effect or a ‘sufficient interest’ in the environmental impact of planning decisions, which is most welcome. Organisations must have a year’s history and over ten members to file a review. The Bill also implements a fee scale and an environmental legal cost scheme to prevent excessive legal costs and provide legal aid for unsuccessful but eligible applicants.

An Bord Pleanála will undergo significant restructuring to expedite decisions, with fines imposed for exceeding the 18-week deadline, and a separate 48-week deadline for complex projects. Local authority development plans will now cover a ten-year period, and deviations from national policy must be justified to the Department of Housing.

Housing Minister Darragh O’Brien lauds the bill as pivotal for Irish planning, aiming to streamline processes and support development. The Irish Planning Institute has also welcomed the bill, highlighting the importance of adequate resourcing for successful implementation. However, concerns exist within legal circles regarding potential legal delays from these reforms. It remains to be seen how the industry will receive it.

The enactment of the bill has been postponed until likely the first quarter of 2024, as acknowledged by Leo Varadkar and Darragh O’Brien, with the Oireachtas to review the final bill in the coming months.

Further information is available here

Ian Lawlor
086 3625482

Managing Director 
Lotus Investment Group