Emer Higgins (Dublin Mid West, Fine Gael)
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134. To ask the Minister for Housing, Planning, and Local Government if he will ensure that residents associations have the right to appeal planning decisions, and that successful appellants will have their fees covered, under the new Consolidated Planning and Development Act. [11845/23]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The draft Planning and Development Bill 2022 was approved by Government in December 2022 and is the culmination of the comprehensive review and consolidation of the Planning and Development Act 2000 (as amended) undertaken by the Office of the Attorney General.

The key aim of the review 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, whilst protecting public participation, which is a hallmark of the current planning system.

Individuals or groups, such as Residents Associations, can appeal a planning decision to An Coimisiún Pleanála (currently An Bord Pleanála) under the draft Bill. In relation to Judicial Review, and taking account of Ireland's obligations under the Aarhus convention, clarity is being brought to the role of different parties in accessing justice. The provisions require an applicant for Judicial Review to have sufficient interest by being directly or immaterially affected by the matters to which the applicant relates.

A Non-Governmental Organisation (NGO) or an association seeking to take a Judicial Review must be incorporated as a company, with at least 10 members, and have a constitution that has protection of the environment as an object and has been pursuing these objects for at least one year. Residents Associations can take Judicial Review proceedings but they must comply with these requirements. If they do not comply, the individual residents can either sue individually or collectively as the provisions in the draft Bill do not prevent this.

Costs protection will also be introduced for those taking Judicial Reviews, further removing a potential costs barrier in access to justice. There will not be any order for costs in any such proceedings unless the Court considers that the proceedings are frivolous or vexatious or an abuse of process. The precise form of the costs scheme will be finalised over the coming months but it will be regulated by my colleague, the Minister for the Environment, Climate and Communications.