Dáil debates
Tuesday, 8 July 2025
Planning and Development (Amendment) Bill 2025: Second Stage
7:35 am
Séamus McGrath (Cork South-Central, Fianna Fail)
I thank the Minister for being present for the debate and I welcome the opportunity to speak on this provision. Picking up on the Minister of State, Deputy Healy Rae, I also welcome these proposals. They are very sensible. Keeping planning permission alive is a practical and simple measure but an essential one and I commend the Minister on bringing it forward.
It is estimated in Dublin alone, there is planning permission for up to 15,000 units with less than two years left in their lifetime so it makes eminent sense to extend the lifetime of those permissions to give them a fighting chance of commencing and undertaking development. They will not all start construction but hopefully the majority will. By extending them, it gives them a fighting chance. This is not a free-for-all. They have to be permissions with less than two years left. The developers have to seek an extension within six months and commencement has to also take place within 18 months of this provision coming into law. That is very welcome.
Equally, it is long overdue that time be allowed facilitated for planning permission subject to judicial review. The time that has been lost in the courts and JRs would be given back to planning permission. This should have happened long before now and again, I welcome the Minister bringing this forward. However, despite giving the time back on a planning permission, a judicial review will still lead to a delay. A judicial review by its very nature will delay a development. What is before us here today is welcome but the core issue of JRs delaying developments unnecessarily remains. I know there are other provisions within the Planning and Development Act to address this issue by tightening criteria and so on but it is still a live and real issue.
I listened to LDA officials at a meeting of the housing committee recently. We all know a particular scheme in Dundrum has been under judicial review for a considerable period. It is ludicrous in a housing crisis as acute as we have that the delays with that legal challenge are allowed to continue but that is the way it is. What the Minister has brought forward here within the scope of this provision is very welcome but as I said, the issue of JRs is unfinished business in terms of what is needed to ultimately address it.
The Minister is doing a body of work on planning exemptions, which I very much welcome. This is necessary as too much time is taken up at local authority and planner levels dealing with issues that do not necessarily need to be taking up their time. Small extensions, small developments and small issues in planning would be covered by an exemption. One of the big-ticket items is the modular structure in the back garden. That is a critical issue and something that needs to be brought forward. Nobody is saying this will be a long-term home for somebody but it can provide essential accommodation in many cases. It is something that will alleviate some of the intense pressure out there in respect of people trying to seek accommodation, be that rented or otherwise. That is critically important.
The Minister listened to me earlier at the housing committee meeting commenting on over-the-shop or over-the-office accommodation. It is important we also progress that. There is significant underutilisation of property within our urban areas. There are second, third and fourth floors that are not occupied, which is something we have to address. We have to bring forward sensible measures to ensure they are occupied as soon as possible.
Reference was made earlier to delays with appeals and planning appeals. I met with An Coimisiún Pleanála recently and it has made significant strides in addressing the delays. That has to be acknowledged where good work is taking place. It is now meeting all its large-scale residential developments within the specified timeframe at 100% compliance. That is very important and has to be acknowledged. The coimisiún is working through a backlog quickly and progress is being made. I also welcome the Minister's approach in providing additional resources and staffing to An Coimisiún Pleanála.
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