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Taoiseach Leo Varadkar and Housing Minister Darragh O'Brien at today's press conference. Sasko Lazarov/Rollingnews.ie

Radical changes to Ireland's planning system are coming - here's what's in the new laws

The legislation aims to cut planning appeals from 47 weeks to 18 weeks.

THE GOVERNMENT HAS approved the new Planning and Development Bill, which it says will be the biggest overhaul of the planning system in a generation.

As well as introducing statutory timelines for planning decisions, the Bill will also introduce significant changes to An Bord Pleanála, with the organisation to be renamed An Coimisiún Pleanála. 

The new timelines for planning applications will range from 18 weeks for appeals to 48 weeks for more complex issues and An Board Pleanála will be subject to fines if these timelines aren’t adhered to.

The most recent data for 2023 shows that up until the end of August, just 27% of planning appeals disposed of by An Board Pleanála were dealt with within 18 weeks.

The average time taken for these appeals was 47 weeks . 

Housing Minister Darragh O’Brien brought the updated Bill to Cabinet this morning with a number of key changes from the draft Bill that was released earlier this year

First approved by Cabinet in late 2022, when the initial Bill was published earlier this year it attracted criticism due to the reforms relating to how judicial reviews are brought, with the Bill changing how residents associations can take cases against planning decisions.

At just under 700 pages, today’s Bill is 20% bigger than the draft released earlier this year.

In the new version of the Bill, some of these changes have been rolled back.

Residential associations will still allowed to take judicial reviews against planning decisions once they can show that a vote has taken place among their members (in line with a constitution), and that a two-thirds majority in favour of the judicial review has been secured.

Taoiseach Leo Varadkar said today that the new law will “ensure that there are fewer vexatious [judicial] reviews”.

“Bear in mind what happens, you can have really important housing projects, really important transport projects, really important renewable energy projects. They can get held up for two and three years for a judicial review that either fails or is then withdrawn.

“What are the consequences of that? Who are the losers? We all are because we have to pay higher costs because projects get delayed and people who need housing for example, have to wait longer for that housing to be built,” the Taoiseach said today.

Environmental Legal Cost Scheme

In addition to the overhaul of An Bord Pleanála, the statutory timelines, and the changes to how residents associations can take judicial reviews, the new law will also introduce an Environmental Legal Cost Scheme. 

The Environmental Legal Cost Scheme aims to ensure that the cost to applicants of taking a judicial review of a planning decision is not prohibitively expensive. 

As part of the scheme, there will be a scale of fees for all planning judicial reviews. Each party will bear its own cost however if an applicant wins it will be able to recover its costs in line with the scale of fees. 

If an applicant does not win, it must bear its own costs but can apply to the Environmental Legal Costs Scheme for legal aid which will be means tested.

Commenting on the Bill today, Housing Minister Darragh O’Brien said the new legislation will touch “nearly every facet of government and of Irish life”.

The overhaul of An Bord Pleanála, comes in the wake of the controversy in the planning body last year, which resulted in Chairperson Dave Walsh opting to retire early in November.

The re-organisation will see the introduction of Planning Commissioners and a Governing Executive, as well as the separation of both decision-making and the corporate roles.

The Bill is expected to become law in 2024 and will be introduced on a phased basis.

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26 Comments
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    Mute David Corrigan
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    Nov 2nd 2018, 6:36 AM

    2189.00 EUR per month is 4.7 times the amount I pay towards mortgage every month. Frightening.

    110
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    Mute DaisyMay
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    Nov 2nd 2018, 6:50 AM

    @David Corrigan: but to fair… it’s about what must people pay towards a mortgage in Dublin

    38
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    Mute Genius 80s+
    Favourite Genius 80s+
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    Nov 2nd 2018, 8:01 AM

    This country is out of control for prices everything is over priced and those responsible blame a free market when it’s clearly price gouging and greed.

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    Mute Paraic
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    Nov 2nd 2018, 8:23 AM

    @David Corrigan: It’s 1/3rd the price of a hotel room though.

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    Mute Marcus o Dhonnghaile
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    Nov 2nd 2018, 10:10 AM

    @David Corrigan: You probably didnt buy your house last year.

    5
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    Mute Sean Conway
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    Nov 2nd 2018, 7:39 AM

    It will end in disaster. the government are making thing worse. with no attempt to solve the problem with a public works housing project. instead they pander to speculators and landlords.

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    Mute Brianán McBride
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    Nov 2nd 2018, 8:03 AM

    @Sean Conway: a lot in government are landlords.

    40
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    Mute Paraic
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    Nov 2nd 2018, 8:18 AM

    @Sean Conway: By pander, do you mean target?

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    Mute Patrick Nolan
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    Nov 2nd 2018, 9:39 AM

    @Sean Conway:
    And yet they climb higher in the polls.
    I’m alright jack

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    Mute Marcus o Dhonnghaile
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    Nov 2nd 2018, 10:11 AM

    @Sean Conway: Another crash on the way. Have you got some money to buy in cheap thats what the cute gang do.

    6
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    Mute Patrick Nolan
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    Nov 2nd 2018, 10:31 AM

    @Marcus o Dhonnghaile:
    You are right, there will be another crash, maybe soon or it could be 10-15 years away but the first thing that will happen when it does is the banks will withdraw credit and very few ordinary people will have the €150-200k+ needed to buy in cash.

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    Mute Marcus o Dhonnghaile
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    Nov 2nd 2018, 1:36 PM

    @Patrick Nolan: 10 or 15 years away ???? try two to three years for the next crash the next mini boom is 10 or 15 years away, Thats what we do here boom and bust every 10 to 15 years

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    Mute Patrick Nolan
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    Nov 2nd 2018, 2:30 PM

    @Marcus o Dhonnghaile:
    You may be right but then…
    In 1998 my father built a bungalow in the country to retire and rented his house in the town to a couple who had sold their house for a “big price” and we’re going to rent for a while and then buy back when it crashed again.
    They only stayed a year, house was two big really, so I have no idea what happened to them but I know when the crash came house prices didn’t fall to anywhere near 1998 levels.
    As regards we having a 10-15 year cycle, the previous to last crash started in the early eighties, didn’t happen again until 2008, at least 25 years later.
    Everyone can predict a crash, but anyone suggesting they know when is only fooling themselves.

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    Mute Martin Sinnott
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    Nov 2nd 2018, 6:44 AM

    Are these figures based on new rents ? If so they don’t take into account most rents payed. But it shows that new rents are dangerously way to high leading to misery for Tenants.

    31
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    Mute mursim
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    Nov 2nd 2018, 8:36 AM

    It’s getting to the point where a few riots seem necessary.

    28
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    Mute Robin Basstard
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    Nov 2nd 2018, 9:12 AM

    @mursim: Can’t be having a riot while X factor is on TV…the plebs haven’t time…
    Can’t be having a riot while the premier league is on TV…the plebs haven’t time…
    Can’t be having a riot while the GAA is in full swing the plebs haven’t time…
    Looks like the peasants will have to put up with being robbed because they haven’t time…to much on TV…

    This may be perceived as toxic4.4/10

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    Mute Patrick Nolan
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    Nov 2nd 2018, 2:34 PM

    @mursim:
    Your right, this democracy thing is useless, it should be decided by who has the biggest gun..

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    Mute Michael Kavanagh
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    Nov 2nd 2018, 7:20 AM

    And yet if any piece of decent transport infrastructure is proposed in an area the whinging of local home owners knows no bounds!

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    Mute Diddles Daffy
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    Nov 2nd 2018, 7:44 AM

    Keep voting them in folks

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    Mute joe
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    Nov 2nd 2018, 10:10 AM

    Sorry but it’s a free market (or at least it was). People with more money will pay more to live near the LUAS. Simple as.
    This is the way it should be!

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    Mute BAKKT-MAN XRP
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    Nov 2nd 2018, 8:17 PM

    My Wife and relocated to the UK 7 months ago best decision we ever made. Both had good paying professional jobs renting in Dublin trying to save for a mortgage. Constantly Broke and out of the house 12hrs a day. Since we moved we are now mortgage ready. What you would get in Firhouse for €345k the exact same house over here is £130k we are also mortgage ready home from work at 5.45pm every day. We feel like we have a future and time back in our lives. Dublin is over heating and will pop very soon. If I could give advise, if you can get out now before another recession hits. You don’t realise how back it is until you leave.

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    Mute BAKKT-MAN XRP
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    Nov 3rd 2018, 12:11 AM

    House prices plugging in California as fast as 2008 crash- brace yourself Dublin it won’t be long

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    Mute Paul Daly
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    Nov 2nd 2018, 9:49 PM

    give it another few years and it will be €3,360 higher per month never mind per year !

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