Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

At the outset, I will explain that An Bord Pleanála is independent in the performance of its functions under the planning Act, and the role of the Minister for Housing, Local Government and Heritage with regard to the planning system is primarily to provide a policy and legislative framework under which the planning authorities, namely, the Office of the Planning Regulator, OPR, and An Bord Pleanála perform their statutory planning functions.

The Irish planning system is an open process and encourages participation. The Planning and Development Act 2000, as amended, upholds obligations as required under international law with regard to environmental assessment and public involvement such as third-party appeals. The open nature of the planning system means that all appeals submitted in a valid manner must be considered by the relevant planning authority, regardless of the supposed frivolousness of the appeal. Provision for the handling and consideration of appeals, where considered vexatious, is currently legislated for under section 138 of the Planning and Development Act 2000, as amended, under which An Bord Pleanála has powers to dismiss appeals where there is an opinion that it is frivolous or vexatious or has been made with the sole intention of delaying the development for the intention of securing money, gifts or other inducements. These provisions are replicated in section 105 of the now-published Planning and Development Bill 2023, which is currently making its way through the Oireachtas. We were in committee with that yesterday and will be again today.

The Bill provides for the introduction of statutory and mandatory timelines for all consent processes, including appeals and consent applications made to An Bord Pleanála.

Timelines for the board will be introduced on a phased basis starting with those for strategic infrastructure developments, including energy and transport projects. The Bill also outlines the proposed new structure for the board. The new Bill contains a number of provisions reflecting this new organisational structure and will clearly outline the separate roles of the planning commissioners who will be responsible for all decision-making regarding appeals and applications made. They will be overseen by a newly created position of chief planning commissioner. The governing board, which will be responsible for the governance and organisation – the corporate spine which will provide support to all the organisations and functions - will be overseen by a chief executive officer.

It is important for An Bord Pleanála to be sufficiently resourced to carry out its statutory functions. Since October 2021 my Department has agreed to 117 new staffing positions, 93 of which have been within the past 12 months, in the board. The board received approval and sanction from my Department for a total of 313 posts to date as of 31 December 2023. There are 254 people, including board members, working in An Bord Pleanála, more than any time previously.

More board members have been appointed than at any time previously. The total number of board members serving in An Bord Pleanála is now 15, the maximum now provided for under the legislation. Later this month, a full term chairperson, who will become the chief executive designate, was appointed by the Government, and the recruitment process for the appointment of full term board members is ongoing and is due to be completed in the first quarter of 2024.

With the increase in the number of board members and in conjunction with the significant increase in resourcing and the filling of these posts in a timely manner, An Bord Pleanála is working to address the backlog of cases that are currently awaiting a decision as quickly as possible.

An Bord Pleanála has advised cases disposed of by the board for the full year of 2023 was 3,271 cases, which is an increase of 55% from cases disposed by the year end of 2022. It is noted that the avenge number of cases disposed per month in 2022 was 176 while in 2023, the average was 273 cases. The board has also advised that it is now running simultaneous board meetings, and given that 15 board members are appointed, it is expecting to hold board meetings in both the morning and evening to progress decision-making on cases.

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