Planning Act signed into law

The Planning and Development Act 2024, cited as the most comprehensive reform to Ireland’s planning system in over 20 years, has been passed in spite of criticism from opposition TDs that the legislation was “rushed” through the Houses of the Oireachtas, and the consideration of President Michael D Higgins of referring the legislation to the Supreme Court.

The Planning and Development Act 2024 – the third largest piece of legislation in the history of the State – introduces significant reforms to the State’s planning system, marking the most extensive legislative overhaul since the Planning and Development Act 2000.

“In Housing for All, we committed to overhauling our planning legislation to ensure it was fit for purpose. This legislation does just that by providing clarity, consistency, and certainty for all users.”
Minister for Housing, Local Government and Heritage, Darragh O’Brien TD

President Michael D Higgins, although he signed the Act into law, considered referring the legislation to the Supreme Court under Article 26 of the Constitution to clarify whether there may be an interference arising from changes in the constitutional right of access to the courts and/or the right to litigate.

According to a statement from Aras an Uachtarán: “The President is of the view that, in this instance, the issue of potential unconstitutionality contained in the provisions of the Planning and Development Act 2023 would be more appropriately tested by means of an action determined primarily on proven facts, rather than by way of an Article 26 referral.”

The President’s consideration followed criticism by opposition TDs that the legislation was being “rushed” through the Oireachtas, with the Dáil passing the Act after only three hours of debate in the chamber, in spite of the Act amounting to over 900 pages, including around 175 pages of amendments which were added in the Seanad.

Sinn Féin housing spokesperson Eoin Ó Broin TD accused the Government of showing “contempt” for the legislature and the opposition by adopting this approach, a viewpoint shared by the Irish Planning Institute, the professional body representing planners in Ireland.

In response, Minister for Housing, Local Government and Heritage, Darragh O’Brien TD, claimed that Ó Broin’s assertion was “completely and utterly incorrect”, rationalising that there was ample time for debate as the legislation dates back to September 2021, and involved nine sessions of pre-legislative scrutiny in which two thirds of the recommendations were fully or partially incorporated into the legislation.

Minister O’Brien stated that, at committee stage, there was 115 hours of debate on 1,200 amendments, some of which were duplicates or triplicates, after which there were 320 votes called.

Analysis

Housing and energy experts have consistently claimed that the planning process in Ireland is too complicated and that this is preventing further construction of housing and energy infrastructure, with many cases ending up being drawn out in courts leading to delays in delivery.
One of the central tenets of the legislation is that An Bord Pleanála will be re-named to An Coimisiún Pleanála, and that there will be a complete restructuring of the state planning commissioners, which will be responsible for all decision-making regarding appeals and applications made to them under the new Act.

There will be a separate corporate structure which would be led by a CEO, and have a strengthened management team and organisational structure, which will undertake all organisational and technical functions to support core decision-making roles. There would also be the governing body, which will be responsible for the governance and performance of the organisation.

The legislation also introduces 10-year development plans for local authorities, with local area plans being replaced with specific types of area-based plans. Minister O’Brien has stated that this is with the aim of “enabling local authority objectives to be prioritised, rather than simply being mandatory in nature and drawing resources where not always most needed”.

The legislation also establishes urban development zones (UDZs), which should allow local authorities to designate specific sites for accelerated development, with a streamlined approval process and integrated planning frameworks to promote targeted urban regeneration and housing projects.

Next steps

Speaking the day that President Higgins signed the Act into law, a senior planning official at the Department of Housing, Local Government and Heritage outlined that, following passage, there will be a “phased commencement” of the legislation, and that existing provisions in the Planning and Development Act 2000 will remain in place until the relevant provisions in the Act are commenced.

The Department further intends to publish a comprehensive implementation strategy in due course which will include a detailed commencement schedule, as well as revised planning and development regulations.

Speaking following passage of the Act through the Houses of the Oireachtas, Minister for Housing, Local Government and Heritage Darragh O’Brien TD said: “This is a pivotal moment for government in our efforts to ensure we have a planning system that is fit for purpose, both now and into the future.”

It is without doubt the single worst piece of planning legislation in the history of the State and the most controversial and damaging legislation I have seen in my time in the Oireachtas.”
Eoin Ó Broin TD, housing spokesperson, Sinn Féin

Writing for eolas Magazine, Fine Gael Minister of State at the Department of Housing, Local Government and Heritage, Alan Dillon TD, echoed this sentiment: “The new legislation provides clarity, consistency and certainty for all users and planning system which matches our strong ambitions for housing delivery, climate action, and critical infrastructure over the coming decades.

“Arrangements are being put in place to commence the Act on a phased basis to allow for the smooth operational transition of this legislation across the planning system.”

In spite of this, Sinn Féin housing spokesperson Eoin Ó Broin TD asserts that the Act is “without doubt the single worst piece of planning legislation in the history of the State and the most controversial and damaging piece of legislation that I have seen in my time in the Oireachtas”.

Ó Broin adds: “It will cause untold problems in our planning system. It is unwieldy and unworkable. It will increase confusion and conflict. In turn, this will lead to more appeals and judicial reviews. This will lead to significant delays in the delivery of much needed housing, critical infrastructure, public transport and renewable energy projects.”

Minister O’Brien, however, states that the new legislation is “fit for purpose” and provides “clarity, consistency, and certainty for all users”.

O’Brien adds: “Because of this legislation we will have a planning system which matches our strong ambitions for housing delivery and critical infrastructure over the coming decades.”