An Bord Pleanála failure to decide on applications delays up to 6,000 apartments
Planning
for some 6,000 'fast-track' apartments has stalled for more than three years, delaying construction after An Bord Pleanála failed to decide on 18 applications from 2021 and 2022.
New figures show the planning body has still not overcome the legacy of the 2022 governance scandal that halted decision making on key files.
These included
strategic housing development
(SHD) plans, a 2017 process that was supposed to accelerate apartment building. Applications went directly to An Bord Pleanála, bypassing local councils in contentious measures that later led to dozens of High Court cases.
The planning board paid out €1.43 million in fines for not processing 143 SHD applications on time. But it has since made 'significant progress' clearing a large backlog of SHD and other planning files that accumulate in 2022 and 2023.
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But records show 18 SHD schemes in Dublin, Cork, Kildare, Wicklow and Wexford are 'not decided', years after the window for applications closed in early 2022. One further Co Offaly case 'cannot be decided' as it is subject to a legal order.
Independent Senator Victor Boyhan
, who pressed An Bord Pleanála to publish the data, said developers made big gains from flaws in the SHD regime.
'The SHD process, hailed as an opportunity by the Government, failed to deliver housing units at scale. In fact, the majority of permissions granted were not built out. The developers gained in terms of site value as a result of An Bord Pleanála approval,' said Mr Boyhan.
'I am in favour of a use-it-or-lose-it [rule in] these so-called fast track SHD permissions, after a period of three years. Priority was given by the Government through the SHD to deliver new homes. It was never intended to aid and enhance site values, which is what has happened.'
Asked about SHD delays, An Bord Pleanála replied: 'Legal complications arose in 2022 due to the fact that a number of SHD applications were lodged where subsequently a new city or county development plan came into force.'
A 2024 Supreme Court ruling 'provided some clarity on this matter', prompting the planning board to establish a special team of inspectors to deal with outstanding SHD files.
'Since January 2024, the board have disposed of 36 cases and there are a further four cases at board level, due to be decided shortly. It is not possible at this juncture to provide a specific time frame for each outstanding case.
'However, there are a further 15 cases currently on hand and it is envisaged that these will be decided by the end of the [second quarter of the year],' it said.
Another 16 SHD cases have been sent back to the board after litigation.
'These cases will require further consideration by the board and new inspectors' reports will need to be prepared to take account of the significant changes in planning and development law, county and city plans and ministerial guidelines that have occurred in the intervening time.'
Citing the need to balance priorities, the agency said it expects to dispose of those cases by the end of 2025.
An Bord Pleanála was rocked by turmoil in 2022 when then deputy chairman Paul Hyde resigned after questions were raised about his work. He received a suspended prison sentence in 2023 for failing to declare certain personal interests.
The disruption prompted a breakdown in board decision-making on big housing and infrastructure files. New laws followed to overhaul An Bord Pleanála and planning. The restructured institution will work under a new name, An Coimisiún Pleanála.
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