Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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697. To ask the Minister for Housing, Planning, and Local Government in view of the proposed stricter thresholds on legal challenges to planning decisions, the measures his Department will put in place to ensure that communities in Cork city, Glanmire, Mallow and Blarney have adequate statutory avenues to participate in planning, and that environmental and heritage concerns are properly safeguarded. [48862/25]

John Cummins (Waterford, Fine Gael)
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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 system for both practitioners and the general public, whilst protecting public participation, which is a hallmark of the current planning system.

Chapter 3 of Part 4 of the Act of 2024 consolidates a number of the planning applications processes in the Act of 2000 and sets out a standard planning application process where applicants apply to the relevant planning authority for permission, with a right of appeal to An Coimisiún Pleanála.

Chapter 4 of Part 4 of the Act of 2024 establishes a single planning application process directly to An Coimisiún Pleanála for specified developments. This will replace the SID process under the Act of 2000 and will apply to certain types of energy infrastructure developments.

As is the case under the Act of 2000, the Act of 2024 ensures that it will be open to any member of the public to make a submission on any planning application during the public participation process. Under section 86 of the Act of 2024, 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, a valid written submission made to it by any person in accordance with the Act.

Section 102 of the Act of 2024 set out the eligibility requirements in relation to the bringing of an appeal of a decision of the planning authority to An Coimisiún Pleanála. This includes a right of appeal for any person who made a valid submission on the planning application.

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.

I am satisfied that there are appropriate procedures in place under reforms being introduced by way of the Act of 2024 to ensure that the public continues to be included in substantive decision-making processes under that Act.

My Department is in the processes of commencing of the Act of 2024 on a phased basis 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. A detailed implementation plan is available at www.gov.ie/planning.