Ivana Bacik (Dublin Bay South, Labour)
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291. To ask the Minister for Housing, Planning, and Local Government if he is satisfied by the adequacy of measures in the Planning and Development Act 2024, intended to disincentivise and criminalise the practice of seeking or offering money to withdraw planning objections where persons do not have a genuine interest in amending or objecting to plans. [53297/25]

John Cummins (Waterford, Fine Gael)
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Public participation is a long established and key element of all substantive decision-making processes under the Planning and Development Act 2000 (Act of 2000) and which will continue under the Planning and Development Act 2024 (Act of 2024). It is open to any person to make a submission or observation in relation to a planning application during the public consultation period and on payment of the required fee. Planning authorities and An Coimisiún Pleanála (the Commission) must have regard to any valid submission or observation made when making a decision to grant or refuse a planning application. In addition, a person who made a submission or observation on a planning application that a planning authority has decided to grant or refuse may subsequently appeal that decision to the Commission or may make a further submission in relation to an appeal of that decision.

The Act of 2024 will introduce new procedures to address 'spurious' planning submissions, appeals and judicial reviews. Section 587 of that Act prohibits a person from requesting from another person a payment, benefit in kind, or conferral of financial or economic benefit in order for that person to not make a planning submission or take a planning appeal or judicial review, or so that person will withdraw such a submission, planning appeal or a judicial review already made or taken. A person who contravenes this prohibition will be liable on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both. It should be noted that section 587 does not apply to a request made by the owner or occupier of land or a maritime site which is made in good faith for the purpose of compensation for loss of enjoyment of that land or maritime site by the owner or occupier and which is likely to be occasioned by the proposed development.

Furthermore, section 587 also provides that an applicant for planning permission may apply to the High Court for a direction to be issued to a planning authority or the Commission to disregard such a submission or observation and the High Court may direct the Commission to dismiss an appeal in such circumstances. The High Court may also dismiss a judicial review brought where such a request in contravention of section 587 was made.

Section 588 of the Act of 2024 provides that submissions in relation to planning applications, appeals of applications and judicial reviews must be accompanied by a declaration stating that the submission, planning appeal or judicial review is not being made or taken for the purposes of delaying a development or for receiving a payment or other benefit. A declaration must also be made when withdrawing a submission, appeal or a judicial review. A person who fails to comply with these declaration requirements or knowingly makes a false or misleading declaration will be liable, on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or to both.

I am satisfied that the introduction of sections 587 and 587 will contribute significantly to the intended operation of the planning process while ensuring public participation for genuine purposes is maintained.

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.