John Paul Phelan (Carlow-Kilkenny, Fine Gael)
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68. To ask the Minister for Housing, Planning, and Local Government the number of housing units that applied for planning that are being held up by judicial reviews; and if he will make a statement on the matter. [18491/22]

Peter Burke (Longford-Westmeath, Fine Gael)
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According to the information made available to my Department in relation to Strategic Housing Developments (SHDs) there are currently 54 active judicial review cases against SHD decisions of An Bord Pleanála (the Board). The number of units in the related planning applications is approximately 16,000.

The Programme for Government - Our Shared Future committed to not extending the SHD arrangements beyond their legislative expiry date of end December 2021, which was subsequently extended to 25 February 2022 arising from the Covid-related extension of statutory timelines within the planning system by eight weeks in respect of the period March to May 2020 due to the shutdown of the construction sector.

The Planning and Development (Amendment) (Large-scale Residential Development) Act 2021 (Act of 2021) was signed into law by the President on 14 December 2021. Furthermore, the Planning and Development (Amendment) (Large-scale Residential Development) Act 2021 (Commencement) Order 2021 which brings the provisions of the Act into effect was signed with an effective date of 17 December 2021.

The main purpose of the Act of 2021 is to restore the two-stage planning process, with decision making for Large-scale Residential Development (LRD) type applications returning to the relevant local planning authority in the first instance, with subsequent right of appeal to the Board, thereby delivering on the commitments in the Programme for Government and Housing for All in this regard.

By restoring the two-stage decision-making process which allows for appeals to the Board, and increased public consultation at local level, it is envisaged that the number of LRD decisions subject to judicial review will decrease below current levels.

On the matter of judicial review reform, it is intended that the substantive legislative changes will be enacted by end 2022 in the context of the overall Planning Review and in tandem with the establishment of the Environmental and Planning Court which is being progressed by the Minister for Justice. Minister O'Brien is also considering some minor technical amendments to the judicial review provisions in the Planning and Development Act 2000, as amended, before the Summer, mainly to align provisions with EU law.