Eoin Ó Broin (Dublin Mid West, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

255. To ask the Minister for Public Expenditure and Reform the specific judicial review cases that he was referring to in his closing address to Seanad Éireann on 22 March 2021 when he asserted they were simply used to stall projects given he told Seanad Éireann such cases were informing significant changes in relation to judicial review (details supplied); the basis on which he has identified same and asserts that the reason the judicial review was taken was simply to stall the project in each case; and if no such list exits, if he will correct the record. [23993/21]

Michael McGrath (Cork South Central, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I will not be commenting on any individual cases as requested by the Deputy as it would be inappropriate to do so. In addition, it should be noted that this policy area primarily comes under the remit of the Department of Housing, Local Government and Heritage.

In line with the increase in economic activity and the resultant increase in planning applications for large scale infrastructure projects (including housing projects), the level of judicial reviews is increasing. The total number of such new planning/environment related judicial review applications taken against the State, usually where a State body such as An Bord Pleanála or a planning authority is the lead respondent, increased from 20 new cases in 2017 to 57 new cases in 2020.

At least 15 such new cases have already been taken against the State in 2021. The number of judicial review cases taken against An Bord Pleanála, which cases do not always include the State as a notice party, has also steadily risen from 30 cases in 2015 to 83 cases in 2020.

These volumes of judicial review challenges are proportionately significantly greater than those encountered in other jurisdictions including the UK. Some of the variance may be due to the long established custom and practice of facilitating unrestricted third party objection rights within the Irish planning system that is not mirrored in the UK and elsewhere.

In turn this puts an increasing burden on the courts system and adds to the timelines for project implementation. The combination of the prospect of planning appeal and judicial review, can create uncertainties around timescales, which is particularly problematic for major infrastructure projects. The increasing complexity in this area of law, has made it somewhat difficult to navigate for developers of projects of scale.

While less than 8% of the circa 30,000 planning applications in 2019 were appealed to An Bord Pleanála, only a relatively small number of those were judicially reviewed which included large scale infrastructural projects.

Many of these projects can be intended to address the climate action or environmental agenda of Government, through enhanced public transport, greater compact growth, development of renewable energy or provision of environmental infrastructure such as waste water treatment. Such delays in themselves can have a detrimental environmental impact. Consequently, the focus of reform is on ensuring that the system works as efficiently as possible and that greater certainty can be provided in timelines for project planners, while always respecting the frameworks set by EU law and the Aarhus convention.