A NEW BILL proposing major changes to planning and development systems in Ireland has been published.

The Planning and Development Bill 2023 was published late last night by Minister for Housing Darragh O’Brien who described the bill as the “cornerstone for Irish planning for the coming decades”.

The bill hopes to improve consistency and alignment throughout all tiers of planning, including the use of certain materials and occasions that require a particular planning application.

It also hopes to introduce “significant restructuring and resourcing” of An Bord Pleanála, – which will be renamed An Coimisiún Pleanála. 

New timelines measures make up part of the restructures, where applications will range from 18 weeks for appeals to 48 weeks for more complex issues. An Board Pleanála will be subject to fines if these timelines aren’t adhered to.

The new bill also includes an “obligation” for local authorities to draft Development Plans for the area – which must be reviewed after every eight years.

It is hoped the development plans will lead to an integrated strategy for planning and sustainable development of the areas, including future policies and objectives.

New provisions by the minister to local authorities for areas which have potential for significant development for housing and other purposes, known as Urban Development Zones, will also be introduced.

A framework to develop these zones has also been included in the bill, which regulates each aspect of the new developments’ plan.

Reform of planning Judicial Review hopes to improve access to justice whilst regulating “excessive legal costs” through the the introduction of a Scale of Fees and 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.

Announcing the bill last night, housing minister Darragh O’Brien said he was “delighted” to publish the bill, which will now be debated within the Dáil during its second stage in the Oireachtas.

O’Brien labelled the bill “momentous”, adding that it impacts many areas of infrastructure in Ireland.

He added that it is “critical” the government work together to “ensure this cornerstone legislation proceeds through the Houses of Oireachtas so it can underpin Ireland’s continued growth and prosperity for the coming decades”.

The Construction Industry Federation and Irish Home Builders’ Association have welcomed the new bill. 

Conor O’Connell, Director of Housing and Planning with the Construction Industry Federation and Director of the Irish Home Builders’ Association called it “a step towards reforming and resourcing the system of approving construction and house building projects in Ireland”. 

“There have been significant delays in many aspects of the planning process in recent times and we have previously estimated that there are over 30,000 units stuck in An Bord Pleanála, as well as a further 30,000 units subject to Court proceedings delaying the much-needed supply of homes for people,” he said. 

“Many members report that there are also considerable delays at various stages of the planning process including at Local Authority level and complications arising at planning condition compliance stage post the grant of planning.

“The Bill is over 700 pages long and we do need to assess the Bill in its totality over the coming weeks from a legal and planning perspective. We look forward to the resourcing of the planning system to support a modern, dynamic economy. It is essential that the Bill not only delivers proper planning, but also development.”

Additional reporting by Christina Finn