Simon Coveney (Cork South Central, Fine Gael) | Oireachtas source

Judicial review is not about assessing the planning decision. Under a judicial review, one can merely legally challenge the fairness of the process, its consistency with legislation, etc. I do not ever make that argument.

There is a belt-and-braces approach being taken to the planning decision and there is a localised and intensive consultation process. Even before that, there is a pre-consultation process with the local authorities that developers will have to be a part of. If they are not, they will not get far in this process. The nine-week and 16-week periods will follow. It is like a planning decision process that arrives at a recommendation rather than a decision that goes to An Bord Pleanála for a formal assessment and decision. Given the limited number of applications that we will receive, this approach gives the process credibility in terms of the integrity of decisions, but it is a temporary intervention in the planning system so as to allow for the developments that need to get moving in areas like Dublin, Galway, Cork, Limerick, Waterford and, to a certain extent, Kilkenny, Clonmel and so on. We need more ambition from developers, higher quality applications that can get through this process and a construction industry that starts building houses for people again.

Senators are right to raise concerns about appeals, but when they consider the detail of what is involved, they will see that there are two serious assessments of the planning application. The first is at pre-application stage, which results in a planning authority making a recommendation. Then there is a formal decision-making process through An Bord Pleanála. Given the pressures that we are facing, this belt-and-braces approach is acceptable.