LAST UPDATE | 9 May

THE CEO OF Uisce Éireann has said the judicial review process is holding up the building of water treatment plants because it is being used by “serial objectors” who raise environmental concerns, which are costing the state “billions”. 

Citing a number of cases in which projects have been delayed for years due to objections, Niall Gleeson said, “I don’t think the common good is being delivered”. 

“There is a process there for people to object to systems. But again, as the Taoiseach said, I think people are using the judicial review system when they don’t like the answer from An Bord Pleanála, and I don’t think that’s working for the state.”

Gleeson drew a comparison between the new Arklow plant, which was opened today at an event attended by Taoiseach Micheál Martin, and delays to the Greater Dublin Drainage project in north Dublin, which he said has been “stymied”. 

“We are the environmental improvers here, you know, we’re improving the environment,” he said, while noting that environmental concerns can be raised during public consultations and through the Bord Pleanála process. 

Gleeson said that of the 18 cases where a judicial review was sought regarding the Greater Dublin Drainage project, “only one of them was upheld”. 

“So, you know, what is that telling you about the judicial review system how effective is it?”

The Taoiseach signalled his support for comments made by the chair of Uisce Éireann in relation to judicial reviews delaying important developments.

The Fianna Fáil leader said today that he does not believe the courts are where planning applications should be determined. 

The Taoiseach was asked about poor water infrastructure being an impediment to developing new housing after the chair of the Board of Uisce Éireann, Jerry Grant, said recently that judicial reviews have slowed the delivery of important projects.

Grant made the comments in response to criticism from Tánaiste Simon Harris, who linked the delays in the delivery of housing to problems with water infrastructure.

Grant defended his organisation and said that Uisce Éireann “has never seen more judicial reviews”, which are causing delays to housing projects.

He said this was making the delivery of new homes “very challenging”.

“Every one of these is causing significant delay to projects and adding cost and deferring the opportunity to build houses,” he told The Journal.

Asked about the impact of judicial delays today, Taoiseach Micheál Martin said the Planning Act, which has not yet taken effect, will deal with this issue. 

“My own view on it is that once we go through planning processes, once you go through the local authorities, once you go through An Bord Pleanála, the pre-planning before all of that, the courts should not be ultimately the place where planning applications get determined,” he said. 

With reporting from David Mac Redmond