Latest news with #judicialReview
Irish Times
27-05-2025
- Business
- Irish Times
Minister insists no ‘free pass' for builders who get planning permission extensions
Builders will not get a 'free pass' and there is a 'use it or lose it' provision in Government proposals to allow for planning permission extensions for delayed housing developments, Minister for Housing James Browne has insisted. Under the proposals for emergency legislation, approved by Cabinet on Tuesday, developers would be able to seek extensions to planning permissions in cases where building work has been delayed by judicial review proceedings or access to finance or infrastructure constraints. The measure is a bid to activate developments such as large-scale apartments that might otherwise go beyond their permission timeline and lapse. Mr Browne said almost 15,800 residential units have gone through judicial review and got the go ahead to proceed but have had the duration of their planning permission eroded as a result. READ MORE He said he believes that while judicial reviews are a legitimate part of Ireland's legal process, they have 'been weaponised by some people' in the hope that if a project is delayed long enough it will fail. Minister of State with responsibility for planning John Cummins said allowing extensions is a 'practical and common sense measure to ensure that sufficient time is given to activate planning permissions for much needed housing across the country'. Social Democrats housing spokesman Rory Hearne responded to the Government's plans by saying he is concerned that the measure will 'incentivise land and property speculation rather than actually getting homes built'. He added: 'We believe there should be a use it or lose it approach to planning permission rather than this extension.' Mr Browne later said there is a 'use it or lose it' element, with a requirement that developments commence within 18 months of the legislation passing. He said: 'This is not a free pass for people who have planning permissions.' Mr Browne said commencement notices are 'a legal step' where developers 'must notify the local authority that they're actually about to start that work' and that 'you actually should be putting shovels in the ground'. He also said: 'once you sign a commencement, it's actually very difficult to withdraw it'. He added: 'I'd expect developers here to act in good faith. If they don't commence, they won't get the extension of time.' He confirmed at a press conference that there will be no penalties for someone that gets the extension but does not develop the land. Mr Browne said bringing in penalties would be 'very challenging' legally given protections relating to land under the Constitution but also said this would be kept under review. The intention is for the legislation to be completed before the Dáil summer recess.
BBC News
19-05-2025
- Politics
- BBC News
Cambridge sewage plant objectors drop judicial review plan
Campaigners opposed to the relocation of a sewage treatment works on green belt land near a village have dropped their plans for a judicial review of the Water has permission to replace its current Cambridge facility, near Milton, with a new plant on land known as Honey Hill, close to government approved the new Cambridge Waste Water Treatment Plant, despite the examining authority recommending that consent should be Save Honey Hill group planned to fight the decision in court but has now said its legal team "concluded that there is little point in pursuing a judicial review". The treatment works are being moved to make way for new homes in the north-east of Cambridge.A decision on whether it could be moved was delayed twice but approved last month. While the campaign group was raising funds for the judicial review, it has now dropped those plans.A statement from the Save Honey Hill group said its legal team had sent a pre-action letter to the government, but following receipt of the secretary of state's response, concluded pursuing the review would incur costs but "might lead to a negligible outcome".It stated: "Our KC (King's Counsel) noted that the strength of the secretary of state's response demonstrated that his legal team had likely anticipated the grounds on which we might launch a JR (judicial review) early on and that his DCO (development consent order) decision letter was crafted so as to minimise the risk of a successful challenge."The group said it would continue to engage with Anglian Water, parish councils and other stakeholders and "do our best to ensure that mitigating the detrimental effects of this project on our communities is at the forefront of their minds at all times". Land at the current plant site near Milton is set to be redeveloped as part of the North East Cambridge development, which is proposed to include about 8,000 new homes and new commercial government has committed £277m to build the new sewage works and the overall cost has been estimated at £400m. Follow Cambridgeshire news on BBC Sounds, Facebook, Instagram and X.
BreakingNews.ie
09-05-2025
- Politics
- BreakingNews.ie
Belfast station signage decision to be challenged at judicial review
A judge has granted permission for a judicial review on the decision by a Stormont minister to install Irish language signage at Belfast's Grand Central Station. Mr Justice Scoffield said the challenge against Infrastructure Minister Liz Kimmins taken by loyalist activist Jamie Bryson had crossed the 'arguability threshold' to merit a judicial review hearing. Advertisement Under Stormont rules, ministerial decisions that are deemed significant or controversial should be considered collectively by the powersharing coalition, rather than by an individual minister. Mr Bryson contends Ms Kimmins should have brought the issue of installing Irish language signs at the new Belfast transport hub to the wider Executive for decision because it was a 'controversial' matter. At a hearing at Belfast High Court on Friday, Mr Justice Scoffield granted Mr Bryson leave for a judicial review, which will take place in September. The planned £150,000 project to install the signs has been paused until October pending the outcome of the legal challenge. Advertisement Jamie Bryson launched the legal challenge. Photo: PA. Sinn Féin minister Ms Kimmins gave the go-ahead for the signage in March, but her announcement sparked a row with other ministers. The DUP insisted she had a 'legal duty' to bring the decision to the wider Executive. As part of his legal challenge, Mr Bryson submitted to the court correspondence and statements he had secured from DUP leader Gavin Robinson, Ulster Unionist peer Lord Elliott, TUV leader Jim Allister, PUP leader Billy Hutchinson and Grand Secretary of the Orange Order Mervyn Gibson on the issue of the signs. He also referred to public comments by DUP deputy First Minister Emma Little-Pengelly when she said it was 'bizarre' to suggest the issue was not controversial. Advertisement The activist said the evidence offered a 'powerful indication' that the matter was controversial and, as such, should have been referred to the Executive. Urging the judge to grant leave, Mr Bryson insisted his application 'pole-vaults over the threshold' to merit a judicial review. In March, TUV MLA Timothy Gaston sought support from other Assembly members for a petition to refer the decision to the Executive for a discussion. The petition required 30 MLA signatures to succeed but ultimately Mr Gaston was the only member of the house to sign it. Advertisement Infrastructure Minister Liz Kimmins at Grand Central Station in Belfast. Photo: PA. Arguing against leave, Tony McGleenan KC, representing the Department for Infrastructure, said the failure of the petition showed there was not a 'flicker of controversy' about the decision within the Assembly. 'It registered a nil return in terms of controversy,' he told the judge. Mr Bryson insisted the failure of the petition was not evidence of a lack of controversy. He said a successful petition would only have required Executive ministers to have a discussion on the signage issue and would not have compelled a wider Executive vote on the matter. He said the reason that DUP MLAs did not sign the petition was because the party's ministers had already secured a discussion on the matter by raising it under 'any other business' at an Executive meeting at the start of April. Advertisement In outlining his decision to grant leave, Mr Justice Scoffield cited Ms Little-Pengelly's comments and Mr Robinson's letter. Ireland 'Predator' who groomed and abused at least 14 girl... Read More He said Mr Bryson had offered enough evidence to cross the threshold for holding a judicial review. 'It does seem to be there's enough in the applicant's case to get over the threshold at this stage,' he said. The case will be reviewed again next month ahead of the full hearing, which is expected to last one day, in September.
Times
07-05-2025
- Politics
- Times
Reform promises to do ‘everything it can' to close migrant hotels
Reform UK would use every legal lever available to stop asylum seekers from being housed in areas where it now controls councils, the party's chairman has said. Zia Yusuf said that Reform would use 'judicial reviews, injunctions and planning laws' to try to shut down hotels being used to house migrants and to stop wider dispersal schemes in local authorities they control. He said that this would involve 'every instrument of power available' but admitted that the party was 'realistic' about the fact the possibilities at a local level 'pale in comparison' to the powers of Westminster. • Zia Yusuf interview: Young people need a moral re-education 'You know, a lot of these hotels — there has been litigation around this already — a lot
