Peadar Tóibín (Meath West, Aontú)
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347. To ask the Minister for Housing, Planning, and Local Government if he will introduce planning permission for a change of the use of land from a family farm to an industrial agricultural unit, as large investors are buying up land for tax purposes, which is pushing up land prices and pushing families off the farm; and the current system is creating new landlords with large land banks, which is unhealthy for rural communities. [3955/25]

James Browne (Wexford, Fianna Fail)
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The main instrument used to regulate and control development within a Local Authority’s functional area is the City or County Development Plan. These Plans, the development of which is a reserved function of the elected representatives of respective local authorities, state the policies for land use and for development control and promotion in the functional area of that local authority and provide the basis for the making of decisions on planning applications. Development Plans include a local authority's objectives for the sole or primary use of particular areas (e.g. residential, commercial, industrial, agricultural), for road improvements, for development and renewal of obsolete areas, and for preserving, improving and extending amenities.

The authority, in making decisions on planning applications, must consider the provisions of the Plan, and try to secure its objectives.

Zoning of land is a reserved function which can only be undertaken by elected members. Section 10(2) of the Planning and Development Act 2000 (as amended) identifies that a development plan shall include objectives for:-

(a) the zoning of land for the use solely or primarily of particular areas for particular purposes (whether residential, commercial, industrial, agricultural, recreational, as open space or otherwise, or a mixture of those uses), where and to such extent as the proper planning and sustainable development of the area, in the opinion of the planning authority, requires the uses to be indicated;

Agricultural activity benefits from wide ranging planning exemptions under the Act of 2000 and Schedule 2, Part 2 of the Planning and Development Regulations 2001. This facilitates farming operations flexibility to operate and provide improvements to farmyards, buildings and land management without requiring planning permission. This longstanding approach reflects the importance of agriculture in rural areas, the benefits of the agri-economy to the State and is of benefit to the farming sector as a whole.

Taxation policy, including for example tax reliefs in relation to agriculture activities and agricultural lands are matters for my colleague the Minister for Finance.

Peadar Tóibín (Meath West, Aontú)
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348. To ask the Minister for Housing, Planning, and Local Government if he will change the law to stop vexatious opposition to farmers’ planning permissions from individuals with no material interest in an area, as currently, a small number of serial objectors, often located many miles from a development, can oppose a planning permission. [3956/25]

James Browne (Wexford, Fianna Fail)
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The Planning and Development Act 2024 (“Act of 2024”) was enacted 17 October 2024 and represents a significant reform of the planning system, consolidating over 20 years of planning legislation.

A key aim of the Act of 2024 is to put plan-making at the centre of the planning system by bringing increased clarity 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.

Section 86 of the Act of 2024 sets out the various matters to which planning authorities and An Coimisiún Pleanála shall have regard when performing any function under Part 4 (Development Consents), including the determination of planning permissions. It consolidates various obligations that are contained in a number of sections of the Planning and Development Act 2000 (“Act of 2000”). It ensures that regard is had to the relevant plans and policies in place and to the principles of proper planning and sustainable development for both land-based development and maritime development.

As is the case under the current legislation in force, under the Act of 2024 it is open to any member of the public to make a submission on any planning application during the public participation process. When making a decision in respect of that application, the relevant planning authority or An Coimisiún Pleanála must have regard to, among a number of matters, any written submission made to it by any person in accordance with the Act.

The Act of 2024 introduces a new procedure to deal with “spurious” planning submissions and appeals, set out at Section 588. Submissions on planning applications, appeals of applications and judicial reviews must be accompanied by a statutory declaration stating that the submission or appeal is not being done for the purposes of delaying a development or for receiving a payment. A declaration must also be made when withdrawing a submission, appeal or a judicial review. Penalties are also introduced in respect of anyone making a false declaration.

Provision for the handling and consideration of appeals where considered vexatious is currently legislated for under section 138 of the Act of 2000, under which An Bord Pleanála have powers to dismiss appeals where it is of the opinion that is frivolous or vexatious, or has been brought for the purpose of delaying the development or the intention of securing money, gifts or other inducements. These provisions have been replicated in section 108 of the Act of 2024.

Given the recent enactment of the Act of 2024 and the legislative changes to be introduced, I have no plans at this time to bring forward further planning legislation in relation to vexatious submissions, appeals or judicial reviews. I am satisfied that the new mandatory declaration procedure set out at section 588 of the Act of 2024 in combination with existing arrangements as apply to public participation in planning decision-making will contribute significantly to the openness and transparency of the planning process. The Act of 2024 will ensure that the planning system remains fit for purpose to meet the needs of future population, whilst maintaining the careful balance of public policy objectives, environmental considerations and participation of the public in a transparent and fair system.

My Department is currently putting arrangements in place to implement a phased commencement of the Act of 2024 to facilitate the transition to the new legislation across the planning system, taking into account the need to liaise with local authorities, planning bodies and other stakeholders. It should be noted that the existing provisions in the Act of 2000 will remain in place until repealed and the relevant provisions in the Act of 2024 are commenced.