The calamity of the Planning and Development Act 2024 is becoming clearer by the day. Most people are not aware that the Bill for the Act was rushed through the Houses of the Oireachtas using guillotine motions to prevent any real consideration of the measure. <\/p>\n
Many amendments were tendered by the Government in the Seanad. They avoided debate, but were deemed to have been passed and waved through by the D\u00e1il, as if they were amendments made after scrutiny in the Seanad.<\/p>\n
The Act seems to create a single hierarchical basis for Irish planning and development. It is based on the fanciful notion that a national planning strategy will be promulgated by Government, approved after a cursory, fully whipped debate in the Oireachtas, and laid down to be followed by local planning authorities in accordance with ministerial planning guidelines. Adherence to the strategy and guidelines will be policed by the Office of the Planning Regulator<\/a>. As ever, the Custom House reigns supreme. Planning authorities and the commission are also obliged to conform to Government policy.<\/p>\n Central to the folly of the Act is the role given to the newly rebranded planning commission, An Coimisi\u00fan Plean\u00e1la<\/a>. Nobody has ever justified exactly why a single agency should determine disputes about every conceivable planning decision, from the petty details of home extensions to the building of all our offshore and onshore wind farms, from data centres to motorways, from railways to underground metros, and everything else in between.<\/p>\n On top of that vast panoply of powers, the Act gives the commission a different role in approving nearly every compulsory purchase order, from road-widening to conservation to building entire new towns.<\/p>\n You might think that such an all-powerful agency would, perhaps, bring with it the prospect of rapid decision-making and finality in the delivery of our built infrastructure. But you would be wrong. <\/p>\n Apart from the hideously sclerotic decision-making processes which precede planning applications and the role of the commission, we have the whole process of judicial review. This is available to affected and dissatisfied people and bodies who wish to challenge the outcome of the commission\u2019s deliberations.<\/p>\n And so, we have the High Court judicial review being launched by Wild Ireland Defence<\/a> in recent days against the decision to grant permission to Uisce \u00c9ireann to build a \u20ac1.3 billion Greater Dublin Drainage Scheme (GDD)<\/a>. This scheme planned for the north side of the city is designed to complement the expanded sewage treatment works at Ringsend, which are already at full capacity.<\/p>\n The scheme is intended to provide sewage services to north Dublin and parts of Kildare and Meath. <\/p>\n A planning application for it was first made in 2018. That is seven years ago. Bear in mind that the hugely costly preparatory work for that application probably took at least three years, maybe five years before that. <\/p>\n Plans for the construction of a Shannon-Dublin water conduit have not even entered the detailed design or the planning process yet… Pencil it in for delivery in the 2040s<\/p>\n So, ten or 12 years have already elapsed since the decision in principle to build this infrastructure. Its merits have been assessed and approved. And it now enters the Four Courts, where it will be the subject of High Court and quite likely Court of Appeal scrutiny, which might end within 15 years of the original decision to construct it.<\/p>\n Construction, once started, was planned to be complete and operational by 2032, a further period of seven years. That would be more than 22 years after the decision to build. But that will now be postponed to accommodate the judicial review process. <\/p>\n With any luck, the scheme will survive judicial review and commence operation within a total time-frame of 25 years. That is modern Ireland for you. <\/p>\n [\u00a0\u2018Constrained\u2019 water supply jeopardises new Dublin suburb with 6,000 planned homesOpens in new window<\/a>\u00a0]<\/p>\n This scheme, we are told, is \u201cabsolutely essential\u201d to catering for the provision of new housing demand in north Dublin, east Kildare and southeast Meath. The knock-on social and economic effects of our planning sclerosis are truly massive.<\/p>\n