LAST UPDATE | 9 Oct 2024

THE PLANNING AND Development Bill, which will see a major overhaul of the planning system, has been passed by the Dáil. 

At over 900 pages, the bill is the third largest piece of legislation in the history of the State. 

When it was first published last year, Housing Minister Darragh O’Brien described it as the “cornerstone for Irish planning for the coming decades”.

The Bill was passed by TDs this evening by 72 votes to 60. 

It will introduce significant restructuring and resourcing of An Bord Pleanála – which will be renamed An Coimisiún Pleanála. 

New timelines measures make up part of the restructures, where applications will range from 18 weeks for appeals to 48 weeks for more complex issues.

And under the new provisions, residents’ associations and local community groups will only be able to take judicial reviews if they have a written constitution and then hold a vote among their members.

Speaking during the debate this evening, Sinn Féin’s Eoin Ó Broin accused the Government of showing “contempt for the procedures of the Oireachtas itself” by limiting the discussion to three hours for the lengthy piece of legislation.

‘Inappropriate way to do legislation’

He said “complex, technical amendments” to planning legislation “did not get adequate scrutiny or time in the House”, adding: ”This is not a good way to proceed.”

“I cannot for the life of me understand why, given the damage that has been done to our planning system from rushed legislation previously, including some legislation the Minister himself has brought into this House, he would risk making the same mistake again,” Ó Broin said. 

He said it was not just Opposition parties who were concerned at the process, adding the Irish Planning Institute, the body which represents planners in Ireland, was also warning against such an approach.

Ó Broin also said it was “an entirely inappropriate way to progress legislation”.

Social Democrats TD Cian O’Callaghan said a three-hour debate for 175 pages of amendments “is absolutely no way to do legislation”. 

“These are new amendments that have not been discussed in this Chamber before, have not been scrutinised here, so this is our only attempt to scrutinise them. Most of them will not be reached at all today,” he said.

“That is very worrying, given the track record in respect of planning legislation, where we have repeatedly had mistakes made that the Department and the Minister have then had to come back trying to fix with subsequent legislation.”

But Housing Minister Darragh O’Brien dismissed any suggestion that the legislation had been rushed, deeming it “completely and utterly incorrect”.  

He said the legislation dates back to September 2021 and at committee stage, had seen 115 hours of debate on 1,200 amendments, with 320 divisions called.

🚨📢 The Planning & Development Bill just passed through the Dáil!

🏛️ This is the 3rd-largest piece of legislation in Irish history, set to transform our planning system for good.

🏡@fiannafailparty promised a planning system to match our housing ambitions. This Bill delivers! pic.twitter.com/m903Q9Wy2b

— Darragh O'Brien (@DarraghOBrienTD) October 9, 2024

During Leaders’ Questions earlier this afternoon, Labour leader Ivana Bacik accused the Government of attempting to “ram” the legislation through the Oireachtas and claimed that opposition politicians have not had enough time to debate.

Bacik said the legislation was “developer-led” and claimed the new bill damage existing planning procedures in Ireland. 

Speaking in Washington this afternoon, Taoiseach Simon Harris claimed none of the provisions in the new legislation are different to what is included in existing legislation, meaning no new procedures in the planning application process will be introduced.

LNG facilities

The Bill also designates liquified natural gas (LNG) facilities as “strategic infrastructure”.

Environmental group Friends of the Earth had called on TDs to vote against the Bill, saying it “fast-tracks gas imports”. The group also called for LNG to be removed from the Bill.

In a poll commissioned by Friends of the Earth, and carried out by Ireland Thinks, 55% of respondents said Ireland should not build a terminal to import fracked gas from the US.

Some 27% said Ireland should build a terminal to import fracked gas, while 18% were unsure. 

Friends of the Earth’s chief executive Oisín Coghlan said the said the Green Party has “either took their eye off the ball with the Planning Bill or they don’t mind that the risk of new fossil fuel import terminals”.

Coghlan said “the Greens went into Government saying they would stand firmly against the importation of fracked gas”.

But he said the Planning Bill “seems set to undermine that significantly, and risks putting their legacy in Government in grave risk and in tatters”.

“You don’t legally designate something you oppose, or aren’t sure we need, as strategic,” added Coghlan. “The contradiction is so absurd it feels like the Government is gaslighting us.”

Hollywood actor Mark Ruffalo also chimed into the debate, accusing the Green Party of trying to “jam through a bill to fast track building LNG terminals that would import fracked gas from the United States” and claimed this contradicted promises the party made to voters to stop the importation of fracked gas.

A protest took place at noon today calling on the Government to “change policy on building of LNG terminals”, with a particular focus on the Shannon LNG.

Last week, the High Court overturned a decision by An Bord Pleanála to deny permission for the construction of the Shannon liquefied natural gas (LNG) terminal in north Kerry. 

The plans can now be resubmitted to An Bord Pleanála.

With reporting from Jane Moore