Changes To Judicial Review Process Among Major Reforms Proposed In Draft Planning And Development Bill 2022

• Author: Conor Linehan, Michelle Martin and Kate Abell
• Law Firm: William Fry
• Published date: 07 March 2023

The Government's housing plan to 2030, Housing for All, committed to a review of the current planning system. Following this review, led by the Office of the Attorney General, the Draft Planning and Development Bill 2022 (Draft Bill) was published. The Draft Bill contains a number of significant changes to the planning regime.

Among these changes is a re-branding of An Bord Plean'la (ABP) to An Coimisiún Plean'la with its decision-making and governing structures separated and a strengthened legal status of Ministerial Guidelines.

Judicial Review

The Draft Bill also introduces a number of changes to the Judicial Review (JR) process regarding planning decisions.

A person wishing to challenge a decision of ABP may do so by JR only. This is currently provided for under Sections 50, 50A and 50B of the Planning and Development Acts 2000 to 2022 (PDA).

The proposed changes contained in the Draft Bill include the following:

• Timelines for various steps in the JR process, including for pleadings, hearing of cases and delivery of judgments;
• Where ABP or the Planning Authority (PA) have made an error in fact or law in a planning decision, ABP or the PA...