Willie O'Dea (Limerick City, Fianna Fail)
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884. To ask the Minister for Housing, Planning, and Local Government when he expects the Planning and Development Act 2024 to be implemented; if safeguards to prevent frivolous or vexatious objections, appeals and judicial reviews are provided for within the Act; if any rules relating to the distance an objector, appellant or submitter of a judicial reviews must be from the subject site of a planning application are provided for within the Act; and if he will make a statement on the matter. [11467/25]

James Browne (Wexford, Fianna Fail)
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The Planning and Development Act 2024 (“Act of 2024”) was enacted 17 October 2024. A detailed Implementation Plan has been published and includes a commencement schedule for the Act as well as a range of initiatives to support training and engagement for the planning sector in order to prepare for the phased transition to the new legislative framework. The Implementation Plan is intended to be a ‘living document’ that informs and guides the commencement and rollout of the Act of 2024 and it will be updated as required to remain relevant throughout the period of the Act's implementation. It is available to view at www.gov.ie/planning.

Under the Act of 2024, it is open to any member of the public, on payment of the prescribed fee, to make a submission on any planning application during the public participation process (as is currently the case under the Planning and Development Act 2000). When making a decision in respect of that application, the relevant planning authority or An Coimisiún Pleanála ("the Commission") must have regard to, amongst other specified matters, any written submission made to it by any person in accordance with the Act.

Section 102 of the Act of 2024 sets out eligibility requirements in relation to planning appeals made to the Commission and provides a right of appeal to the applicant for permission, any person who made a valid submission on the application, prescribed bodies, and environmental NGOs in respect of applications that are subject to environmental assessments.

It further provides under section 102(4), that a person may apply to the Commission for leave to appeal a planning decision where they have an interest in land that is adjoining land which is the subject of a planning application. Leave will be granted only where the proposed development differs materially from the development set out in the planning application due to a condition imposed by the planning authority and where that condition will materially affect that persons enjoyment of the land or reduce the value of the land.

Provision for the handling of appeals that are considered vexatious is set out under section 108 of the Act of 2024. The Commission can dismiss a planning appeal where it is of the opinion that it is frivolous or vexatious, or if it has been brought for the purpose of delaying the development or with the intention of securing money, gifts or other inducements.

The Act of 2024 provides a more streamlined process for taking a judicial review, providing clarity on sufficient interest and standing rights for applicants. Section 285 provides that a party will not be permitted to plead grounds in judicial review proceedings unless that party has a sufficient interest in the matter to which the ground relates, and under section 286 a person will not be regarded as having a sufficient interest in a matter unless they are directly or indirectly materially affected by the matter. Section 286 also provides that certain parties can be deemed to satisfy sufficient interest requirements where certain circumstances or criteria apply. For example, an individual who made a valid submission on the planning application can be regarded as having a sufficient interest in a matter, regardless of whether they are directly or indirectly materially affected by the matter.

The special status of environmental NGOs with respect to the taking of a judicial review is maintained where the proceedings relate to a development that is a European site or where the proposed development is likely to have significant effects on the environment (regardless of whether the eNGO is directly or indirectly affected) and subject to a number of minimum governance requirements. Unincorporated organisations, such as residents’ associations, maintain the right to take a judicial review, subject to certain governance criteria.

Section 588 of the Act of 2024 introduces a new procedure to address “spurious” planning submissions, planning appeals and judicial reviews. Submissions on planning applications, appeals of planning decisions and applications for judicial review will require a statutory declaration stating that the submission, appeal or judicial review is not being done for the purposes of delaying a development or to secure a payment or other benefit. A withdrawal of a planning submission, planning appeal or judicial review will also need to be accompanied by a declaration that it is not being withdrawn for the purpose of securing a payment or other benefit. In this context, offences are introduced in respect of any person failing to comply with the declaration requirements or for making a false or misleading declaration.