Planning and the legal system in Ireland

Podge_irl · 12-01-2026 01:51PM

https://www.boards.ie/discussion/comment/124140420#Comment_124140420

She has a point that there is blame to go around but it is simply wrong to claim that it has nothing to do with the geese. A functional system should also allow for saying "this development is more important that potentially discommoding some geese". We don't even know if it would bother them in the slightest.

The UK attempted, and regrettably and pathetically backtracked, on changing their environmental requirements to simply be net positive nationally as opposed to net positive on the development site. That would have stopped nonsense like the bat tunnel in the UK and it would allow the development of the St Annes adjacent site as long as they just spent some money on making sure the geese had somewhere else to go. Much better for everyone.

Bass Reeves · 12-01-2026 08:28PM

https://www.boards.ie/discussion/comment/124140420#Comment_124140420

They only started doing bird surveys less than 10 years ago. Birds are only part of this issus wildlife in general needs surveys. Necause we had no data on birds we could not for instance decide to cull crows or seagulls. Crows in particular are a serious issue. there is no way of controlling unless you do a serious cull. Traditionally some poisons were used but these are now illegal as they hit non target species, However now crow numbers have climbed out of control where they are a srerious threat to smaller and ground nesting birds

spillit67 · 13-01-2026 10:28AM

https://www.boards.ie/discussion/comment/124024959#Comment_124024959

Ireland has a perfectly normal vacancy rate. Vacancies are part and parcel of any market- this is a lazy line people post globally that doesn’t stand up to scrutiny.

https://youtu.be/VlsDkN9tHHk?si=uwtjXUGCDnAOdiBk

”Sitting” on permission doesn’t mean much either. Because of the time it takes to get permissions, the macro conditions can change substantially. This is again fairly normal globally but what isn’t is the length of time it has taken in Ireland to get through the plannig system. For those who don’t have a clue about Capital or actually doing something, it’s another “easy” answer. For example, the arse fell out of the Build To Let sector here following construction inflation post Ukraine and Rent Pressure Zones gave them further pause. For the likes of DCC to suggest there were enough permissions in Dublin is just deluded. DCC themselves can take decades to activate projects and when they do can end up spending 40% more than the private sector in doing so. When you have absolutely no skin in advancing projects or delivering them close to a budget, of course you can mouth off about “permissions”.

Developers and investors here certainly aren’t perfect and need tight regulation but they have been absolutely screwed over by planners and the planning system over the last decade. But the easy thing for people’s brains is to slam people who make money from actually building rather than engage their brains.

Kermit.de.frog · 26-01-2026 10:51AM

The solicitors are coming out in the public interest.

https://www.irishtimes.com/opinion/2026/01/26/bar-council-is-not-the-voice-of-reason-on-judicial-reviews-its-a-trade-union-in-fancy-dress/

hans aus dtschl · 26-01-2026 01:43PM

https://www.boards.ie/discussion/comment/124181095#Comment_124181095

Paywalled Kermit, what's the general gist?

josip · 26-01-2026 01:44PM

https://www.boards.ie/discussion/comment/124181607#Comment_124181607

Barristers are worried that their gravy train is about to be derailed and are raising spurious "difficult for the commoner to access justice" concerns for the future.

Birdnuts · 27-01-2026 02:39AM

https://www.boards.ie/discussion/comment/124181612#Comment_124181612

BS - they are calling out the clear violations of core tenets of the Aarhaus Directive and several outher EU related Directives via this attack by the government on access to Environmental Justice. The facts are that developers themselves are the single biggest source of Judicial Reviews to suit their own ends and not the public good

https://www.irishtimes.com/opinion/2025/11/26/lorcan-sirr-judicial-reviews-are-not-the-problem-and-deregulation-is-no-answer/

CatInABox · 04-02-2026 10:51AM

Judgement to be delivered today in an absolutely huge case today, one with significant consequences for our planning system around environmental issues and renewal power.

Basically, ABP rejected a windfarm on the basis that it contravened the local development plan, the developer sued and showed that ABP have abdicated their responsibility around material contraventions. The head of the planning court agreed, and now the full supreme court is going to rule on it.

This will have implications for far more than just wind farms.

https://www.irishtimes.com/crime-law/courts/2026/02/04/supreme-court-to-clarify-climate-law-obligations-of-planning-authorities/

CatInABox · 04-02-2026 04:45PM

https://www.boards.ie/discussion/comment/124204575#Comment_124204575

https://www2.courts.ie/view/judgments/dc8d9a6e-345e-4ce5-ab15-314fd87b5ef3/6a4cdf55-2c78-4548-b2cb-bd0f4a84e0a2/2026_IESC_5_O%27Donnell%20CJ.pdf/pdf

Judgement is out, and while Coolgrass has still succeeded in making ABP/ACP look at it again, the court has reduced how significant the earlier decision was.

Essentially, the court found that ACP should have taken section 15 of the climate act into account when deciding the application, which they didn't do when they rejected it based upon the material contravention of the local development plan. On almost everything else, they reduced or rejected the trial judges decision.

There is a section 15 responsibility on all government bodies (not just planning), but it doesn't automatically mean that something should be permitted, and in this case, section 15 also applied to the body that drew up the local development plan, and so there isn't a significant requirement on ACP.

Anyway, good to get clarity on this. As an aside, the court praised the ACP inspectors report, and highlighted how large it was as a testament to how complex modern planning law is. They then make planning law more complex by making sure that ACP have to pay attention to section 15 🤣 (ACP and the state were trying desperately to avoid having section 15 apply at all)

Bodan · 10-02-2026 01:57PM

Ministers will be bypassed for major infrastructure projects under new planning rules aimed at cutting red tape and shortening the delivery time by 20 weeks. The Cabinet is expected to approve proposals from Public Expenditure Minister Jack Chambers that will enable accounting officers in government departments to instead give the green light to major building projects. The plans are part of a series of overhauls aimed at reducing obstacles that have delayed a number of high-profile projects. Under the changes, major projects will no longer require an external assurance process or independent evaluation in the early stages of the project development.Instead, projects will undergo a time-bound assessment by the Department of Public Expenditure and Infrastructure. Later, in the approval process, major projects will no longer need ministerial sign-off and can instead be approved by a relevant accounting officer within the government department. The threshold for what defines a major project in the transport, water and energy sectors will increase from €200m to €500m.

https://www.independent.ie/irish-news/plan-to-bypass-ministers-in-bid-to-cut-red-tape-and-speed-up-major-infrastructure-projects/a1064105120.html

Hopefully this will speed up projects that are on the table waiting to be delivered.

markpb · 10-02-2026 02:46PM

This feels like a double edged sword. It takes the decision out of the hands of elected representatives and puts it within the Civil service. If the accounting officer says no to Luas Finglas, can a Minister then overrule them?

Maybe more importantly, if a project is for major infrastructure, why does getting ministerial approval add delay?

timmyntc · 10-02-2026 03:15PM

https://www.boards.ie/discussion/comment/124223268#Comment_124223268

This.

Was need for a ministerial decision really the backlog here?

As far as I can see, its the DPER and their culture of trying to block every project and not spend a cent that is the issue here. And the solution is to make the DPER get final say over a minister??

Bass Reeves · 10-02-2026 03:40PM

https://www.boards.ie/discussion/comment/124223385#Comment_124223385

No but it would have limited Eamon Ryans holding up of road projecys during the last government. Not sure if I agree with it but I can see the rational

KrisW1001 · 10-02-2026 04:18PM

https://www.boards.ie/discussion/comment/124223499#Comment_124223499

You actually mean the Minister for Finance, because it sure as hell wasn’t Eamon Ryan blocking all the bus, tram and bike projects too…

hans aus dtschl · 10-02-2026 04:47PM

Same poster has mentioned that same retired politician in the Foynes line project (2014/2015) yesterday.

we had a Green minister who wanted a railway line build on his watch. He had the government over a barrel and spending limits without cabinet approval were raised to allow him to build.

It's almost unbelievable to me that we're still reading "but Eamon Ryan" so often on here. The guy had some impacts, but he wasn't some kind of one-man "deep state" controlling all transport infrastructure over the last few decades.

Limerick74 · 12-02-2026 06:08PM

https://www.gov.ie/en/department-of-public-expenditure-infrastructure-public-service-reform-and-digitalisation/press-releases/changes-to-the-infrastructure-guidelines-to-remove-up-to-20-weeks-to-the-approval-process-for-major-projects/

Positive changes

Limerick74 · 03-03-2026 09:00AM

https://www.rte.ie/news/politics/2026/0303/1561311-cabinet-meeting/

CatInABox · 09-03-2026 11:39AM

For anyone that enjoys Justice Humphreys opening paragraphs, in which he gives strong hints at the outcome of the judgement while eviscerating one side or the other with some excellent turns of phrase, he's got another one here about an extremely cheeky developer.

https://www2.courts.ie/view/judgments/2f4bc66f-1d0f-4190-ac75-e103107cfb40/dd454fb9-7588-45c6-9424-596024234142/2026_IEHC_137.pdf/pdf

I haven't read the full judgement, nor do I intend to, there's zero impact on the legal system from this one, but it is entertaining reading at the start.

Planning and the legal system in Ireland

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