Further restrictions to be introduced on planning judicial reviews
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Darragh O'Brien
Plans to further restrict judicial reviews of planning decisions — including a ban on actions brought by residents’ associations — will be discussed by ministers this week, according to reports.
A bill to be discussed by the Cabinet tomorrow would require judicial reviews to be taken by an individual or individuals rather in the name of a residents’ association in order to improve transparency, The Irish Times reports.
The proposed legislation will also impose strict timelines on planning decisions and appeals, with hefty fines where they are not met.
These timelines could also apply to the hearing of cases and delivery of judgments by the courts — which some legal experts have warned could open the law to constitutional challenge.
Darragh O’Brien, the housing minister, has argued that restrictions on the right to judicial review of planning decisions are necessary to increase the pace of house-building amid a housing crisis.
A survey of Irish property professionals by law firm Mason Hayes & Curran in May found that 43 per cent identified judicial reviews as the biggest obstacle to meeting Ireland’s housing needs.
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