Neasa Hourigan (Dublin Central, Green Party)
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235. To ask the Minister for Housing, Planning, and Local Government if his Department has conducted an independent review as to whether the draft planning and development Bill 2022 complies with all of Ireland’s commitments under the Aarhus Convention; and if he will make a statement on the matter. [6715/23]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The key aim of the review and consolidation of the Planning and Development Act 2000 was to put plan-making at the centre of the planning system by bringing increased clarity and streamlining to the legislation and improving the functioning of the planning system for both practitioners and the general public. This review and the draft Bill it has produced represents the most comprehensive review of planning since the current Act was came into place more than two decades ago.

The review was led by the Attorney General ard a working group of professionals with planning law expertise to assisted him in this work. It was underpinned by a number of guiding principles, including ensuring that the important, integral role of public participation enjoyed in the planning system was fully protected, as reflected in European Union law and international instruments including the Aarhus Convention. All provisions of the draft Bill have been reviewed by the Office of the Attorney General to ensure full alignment with these provisions.

Ireland has one of the most open planning systems in the world in terms of public participation rights, encompassing full unrestricted public participation at planning application stage along with first and third party right of appeal to An Bord Pleanála, and the subsequent possibility of judicial review challenge (subject to certain conditions) i.e. potentially providing the possibility of participating in the planning system up to 3 times in respect of a proposed development. These rights are enjoyed only in two other European Union member states (Denmark and Sweden) and provide multiple opportunities for public participation.

Another notable feature is the open nature of the system in terms of access to information with files in both local authorities and An Bord Pleanála available for public inspection.

The draft Bill proposes to introduce a cost protection scheme for judicial review cases whereby there will be no order for costs unless the Court considers that the proceedings are an abuse of process, further reducing a potential cost barrier in access to justice. It also enhances public participation in plan-making and decision-making processes and also brings increased clarity on the integration of the scope and role of environmental assessments into both these areas.

The draft Planning and Development Bill 2022 was agreed by Government on the 13 December 2022 and is currently undergoing pre-legislative scrutiny by the Joint Oireachtas Committee on Housing, Local Government and Heritage. Once concluded, the Bill will proceed before the Houses of the Oireachtas where it is hoped it will be enacted before Summer 2023.