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Browne says judicial reviews are 'weaponised' amid fresh doubt on housing target
Browne says judicial reviews are 'weaponised' amid fresh doubt on housing target

Irish Daily Mirror

time27-05-2025

  • Business
  • Irish Daily Mirror

Browne says judicial reviews are 'weaponised' amid fresh doubt on housing target

Housing Minister James Browne has said judicial reviews are being "weaponised" as he conceded that the Government will find it "very challenging" to hit its housing targets this year. He also stated that tenure types, including apartments that are built to rent, will be examined as part of the National Planning Framework to ensure that there is a "right mix" of housing. Cabinet approved plans on Tuesday from Minister Browne, alongside Minister of State John Cummins, to allow an extension of the duration of planning permissions for housing developments that are nearing the end of their duration period and have not yet commenced. People must apply for an extension within six months of the legislation commencing and they must commence building within 18 months. The Bill will also allow the duration of a Judicial Review period not to be counted as part of the time planning permission is active. Mr Browne stated that he believed some people were lodging judicial reviews to ensure that some properties and developments would never be completed. He said: "I do believe judicial reviews have been weaponised by some people with a view that simply if you delay a project long enough, the project will fall. "That's not everybody. Judicial reviews are a legitimate part of our legal process. That's why, under the Planning Development Act, what we are doing is tightening up judicial reviews to ensure that only those who have a legitimate interest in a project can bring forward their objections to it. "We do have a challenge in this country. In many other countries, once you do a county development plan, you have years of consultations and land is zoned for particular housing, usually actually it is quite an administrative process after that point. "In Ireland, the process almost starts anew as people can bring a lot of challenges. "I think the Planning and Development Act will really help to curtail the weaponising of judicial reviews." The Government has set a housing target of 41,000 houses this year. It missed its target of 33,000 in 2024. The Central Bank and the ESRI both told the Housing Committee on Tuesday that the Government was on track to miss targets in 2025 and 2026. The ESRI suggested 34,000 homes would be built this year and 37,000 units in 2026. Mr Browne stated that the Government would find it "very challenging" to hit its 41,000 target and conceded that most projections are around the 34,000 mark. He continued: "It's very challenging, but I don't particularly like getting his predictions at this point in time. "Certainly, I think the 41,000 is extremely challenging at this point in time. "The ESRI are a very reputable body. I'm going to engage with the ESRI, with their report and see exactly how they're putting their numbers together. "There's a number of different numbers out there right now, but they are all trending in around the ESRI's prediction at the moment." Minister Browne stated that there are 40,000 uncommenced residential units on 265 wholly inactive development sites within Dublin. When asked for a breakdown of how many of these were houses and apartments that can be bought and how many were "built to rent", Mr Browne said he could not provide this. However, he said that he wants to see people have the option to buy apartments, and the new National Planning Framework will contain directions for local authorities on zoned land to ensure they have the "right mix" of tenure types.

Public perception of planning system worsens while harsh reality of housing crisis hits homes
Public perception of planning system worsens while harsh reality of housing crisis hits homes

Irish Times

time07-05-2025

  • Politics
  • Irish Times

Public perception of planning system worsens while harsh reality of housing crisis hits homes

Planning in Ireland is under increasing scrutiny as the pressure to deliver housing , infrastructure and climate resilience mounts. While the system plays a critical role in shaping sustainable communities, public perception has grown more critical due to delays, negative media coverage, legal challenges and political tensions. At the core lies a perception of inefficiency, inconsistency and distrust. Delays in securing planning permission, particularly for large-scale housing and infrastructure, are widely reported. Appeals and judicial reviews frequently delay and often derail granted projects, reinforcing the image of a slow, bureaucratic system vulnerable to obstruction. Developers, investors and communities alike express frustration at what often seems like an unpredictable and overly legalistic process. Recent reforms aim to address these challenges. The Planning and Development Act 2024 will introduce mandatory timelines for appeals and narrow the grounds for judicial review to improve transparency, provide greater certainty and rebuild confidence. Simultaneously, the recently approved National Planning Framework – First Revision offers a chance to better align long-term spatial planning with housing, infrastructure and climate goals. Nonetheless, some argue the reforms may fall short or create short-term disruption. These reforms are also complemented by the recent establishment of the Housing Activation Office (HAO), which seeks to support local authorities in proactively progressing housing and infrastructure projects. This initiative reflects a more joined-up, solutions-focused approach to activation. However, recent discussions around the potential appointment of a new housing 'tsar' to head this office led to political tensions between the Government and Opposition, and within the ranks of the Government itself, resulting in the individual withdrawing their name from consideration for the role. READ MORE Leon Murray is head of planning at CBRE A further challenge lies in the disconnect between national and regional strategy and local implementation. Despite ambitious targets, delivery often slows due to local political opposition, resource constraints and community resistance. This fuels a perception that the system is pulling in multiple directions. Political interventions and media narratives further complicate matters. Headlines often present planning as 'a barrier' or the 'number one issue' to delivering housing and infrastructure projects across the State. Furthermore, the planning process is portrayed as a battleground, highlighting cases where objectors 'win' against developers or the planning authority. In one instance, councillors dezoned serviced lands following opposition to a project, despite the site already having permission for a larger development – this decision has now been challenged in the High Court. These 'David-v-Goliath' portrayals oversimplify complex planning decisions and reinforce the idea of an inherent conflict between development and community or environmental interests. In truth, good planning seeks to reconcile these. Improving the optics around planning requires more than legislative and policy changes. It demands visible enhancements to how the system operates and communicates. This includes better resourced and supported planning authorities, stronger alignment across governance levels and more meaningful community engagement. Embracing digital tools, data-led decision-making and proactive communication will be essential in shifting perceptions and rebuilding public trust. Ultimately, the optics around planning reflect real structural challenges – but also offer an opportunity. A system that is transparent, inclusive and efficient can support delivery while earning the public trust needed to sustain it. Leon Murray is head of planning at CBRE Ireland

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