Planning and the legal system in Ireland

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. 

https://www.thejournal.ie/micheal-martin-judicial-reviews-planning-6700506-May2025/

Fine Gael Cllr Danny Byrne says he is looking to set up a GoFundMe page to help raise the cash for an application.Councillor proposes 5km rail tunnel to avoid D4 level crossings. The National Transport Authority has claimed a planning application for a potential Dublin rail project would cost up to €50m to complete – over 140 times the cost a local councillor was quoted.

The estimated cost from the NTA highlights the significant challenges of upgrading crucial public infrastructure in Ireland, as warnings over the slow pace of delivery and massive cost overruns continue to mount, eroding the country’s competitiveness. Councillor Danny Byrne had earlier received an estimate of €350,000 for the application. The proposal would create a tunnel, eliminating the need for five level-crossings throughout the area and easing traffic problems created when roads are closed by barriers for passing trains. Byrne sent a letter to the NTA with details about the project, seeking a cost estimate for the funding required to prepare and submit a planning application.

The councillor said he had received a “fair idea” of the cost from consultant engineers around the city, who indicated submitting the application within six months was “more than achievable”. In response, Hugh Creegan, interim chief executive of the NTA, informed Byrne that the proposal would necessitate the submission of a “Railway Order application” to An Bord Pleanála, which would require the preparation of an Environmental Impact Assessment Report (EIAR). “I note that you have been told that the planning consent application could be ‘submitted within six months of funding approval’,” Creegan wrote. “That is just not possible and whoever has provided this information to you is simply incorrect.

“The reason I mention the EIAR above is that the EIAR forms part of the application. It will normally require various environmental surveys that span the four seasons to correctly evaluate the likely environmental impacts. “Having been involved with a number of railway order applications, a time period of three years is more realistic.” Creegan said the funding to carry out the necessary environmental and geotechnical surveys for the tunnel project would likely “be in the €25m to €50m range”.

Byrne criticised the response from the NTA, telling the Sunday Independent that Ireland had become a “country of red tape”. Byrne noted recent estimates indicated the State was expected to have spent over €400m on metro projects before the full-scale construction of the new Metrolink line began. Much of the figure was based on the amount to be spent on the design, planning and procurement phase of the current Metrolink project – which would stretch from Swords to Dublin city centre via the airport – before a shovel even enters the ground.

“That really irks me now as a taxpayer and someone involved in politics,” he said. “It is embarrassing really, to be honest.” Byrne claimed to have received several quotes from consultant engineers throughout Dublin, with the most comprehensive valued at €350,000. He described the discrepancy between the quotes as “striking”. A source involved in planning construction projects said the figures provided by the NTA sounded “exorbitant”. He questioned if the figure included the costs of compulsory purchase orders, negotiations with relevant parties and potential transport closures.

https://www.independent.ie/business/irish/red-tape-alone-for-potential-rail-tunnel-at-notorious-merrion-gates-junction-would-cost-up-to-50m-says-nta/a1516040972.html

It costs 50 million and 3 years just to get the ball rolling. I think we are getting to a situation where the current system is unsustainable.

Upgrades to existing railways should not require a RO, or go near ABP.

Re-doubling / electrifiying / new stations / installing ETCS, on an existing line should not go next or near ABP.

Indeed, the only part that should even need PP are the new stations.

Councillor from one of our ruling parties blames red tape, but not his own party. 🤔

Landstown Road already has a pedestrian underpass that's used on matchdays (separate to the one in the station itself), I'm sure an agreement could be worked out with the stadium owners to have that passageway usable by the public

Makes complete sense but that isn't the motivation here which seems to be to get the government to spend billions to improve things for car drivers (level crossings are so annoying) in way that doesn't annoy wealthy homeowners (remember the Merrion Gates fiasco).