Great – honestly the time limits for planning appeals and decisions may actually be the more impactful part of the legislation. That’s what kills trying to build your own home ?6months in planning ?3 years in planning
Bunch of Helen Lovejoys, those resident associations
It’ll be interesting to see if the law stands up to a constitutional challenge, on this or any of its other provisions.
Honestly, our common law system (where it isn’t a real law until it has been judicially scrutinised) vs the rules based system now used across Europe, is one of our worst inheritances from the British. You’d think while we were junking all the Georgian buildings we might have been able to get rid of their legal system, too. In countries like Germany it’s rules based – does the proposed new building meet with the planning rules? Yes? Go ahead.
Who tagged this bigotry?
This is going to be very interesting. You’re going to see the real reason for the housing crisis when you see how intensely homeowners are going to lose their shit at not being able to trivially block any development near them.
Reading the article, 2 things come to mind,
1. Where the hell are they having bake sales that can finance a legal challenge to a planning application
2. The headline is lazy, even the department have said its unlikely to happen due to legal and constitutional challenges.
>Senior Government figures privately acknowledge the narrowing of the scope for legal challenge against planning decisions is likely to prove contentious.
No shit. That’ll be going to the High Court pretty much immediately.
Hopefully this will be used to stop a handful of people opposing cycling and pedestrian infrastructure too
So basically you will need to put your name to the challenge, rather than hide behind a residents group? Sounds good to me.
Good. Resident groups should have been made illegal by now.
The planning process changed a few years ago to allow big developements (more than 99 homes) bypass councils and go straight to an Bord Pleanala. Approx 1/3 of all approved developments are being disputed (judicial reviews). They done away with this planning system (rightfully so as its a sneaky behind closed door system), but they are trying to stop nuisance objections. Problem is they are not fixing the route of the problem.
Blaming groups for objecting isn’t right, everyone should be allowed have their say, same as everywhere else in the world. Its the fact that 1 person or group can bury any application in legal disputes for years. The answer isn’t to ban objections, its the deal with them properly and allow nuisance objections be heard, then dismissed. Again, problem here is the legal system.
Even if the objectors are rich? This is weird move from Fine Gael.
Surely there’s a way around this for their own people?
Basically it means wealthy areas will continue to be able to fight Judicial Review’s against developments without any notable change – whereas poorer areas have another barrier set up against them fighting JR’s.
About time
Sure we can’t trust these clowns to properly plan anything and making it more difficult for residents to object us going to make for even more shitshows in new developments. No one seems to be looking at long term viability of new developments. It’s all about more houses, more more more with no regard for community facilities and road infrastructure or public transport. Just look at any new development vs ones built in the 80s or 90s and see how far downhill we’ve gone. I’m in one of the soon-to-be most densely populated suburbs in the country and we don’t even have a community centre or even a local pub, no sports grounds, not even a decent park (it’s basically 2 fields with a path around it). Roads are all single lane and traffic is shite and getting worse with 100s new apartments going up.
Too many homeowners imposing inordinately high rents and homelessness on others just by putting in objections.
A deliberate attempt to stifle constitutional rights of appeal to the courts. The courts remain the final location where illegal decisions by councilors can be exposed and nullified. And that is what judicial review does. A recent action exposed serious problems with An Bord Pleanála.
This is smuggled in then in a bill with some worthwhile aspects in a deeply cynical and exploitative fashion.
A typically reckless wannabe Tory move by FFG.
This is very very welcome.
There are 1,500 new houses and apartments going up in Donabate alone that a local residents group are trying to fundraise to take a high court challenge against. That’s just one example I read about today.
18 comments
Great – honestly the time limits for planning appeals and decisions may actually be the more impactful part of the legislation. That’s what kills trying to build your own home ?6months in planning ?3 years in planning
Bunch of Helen Lovejoys, those resident associations
It’ll be interesting to see if the law stands up to a constitutional challenge, on this or any of its other provisions.
Honestly, our common law system (where it isn’t a real law until it has been judicially scrutinised) vs the rules based system now used across Europe, is one of our worst inheritances from the British. You’d think while we were junking all the Georgian buildings we might have been able to get rid of their legal system, too. In countries like Germany it’s rules based – does the proposed new building meet with the planning rules? Yes? Go ahead.
Who tagged this bigotry?
This is going to be very interesting. You’re going to see the real reason for the housing crisis when you see how intensely homeowners are going to lose their shit at not being able to trivially block any development near them.
Reading the article, 2 things come to mind,
1. Where the hell are they having bake sales that can finance a legal challenge to a planning application
2. The headline is lazy, even the department have said its unlikely to happen due to legal and constitutional challenges.
>Senior Government figures privately acknowledge the narrowing of the scope for legal challenge against planning decisions is likely to prove contentious.
No shit. That’ll be going to the High Court pretty much immediately.
Hopefully this will be used to stop a handful of people opposing cycling and pedestrian infrastructure too
So basically you will need to put your name to the challenge, rather than hide behind a residents group? Sounds good to me.
Good. Resident groups should have been made illegal by now.
The planning process changed a few years ago to allow big developements (more than 99 homes) bypass councils and go straight to an Bord Pleanala. Approx 1/3 of all approved developments are being disputed (judicial reviews). They done away with this planning system (rightfully so as its a sneaky behind closed door system), but they are trying to stop nuisance objections. Problem is they are not fixing the route of the problem.
Blaming groups for objecting isn’t right, everyone should be allowed have their say, same as everywhere else in the world. Its the fact that 1 person or group can bury any application in legal disputes for years. The answer isn’t to ban objections, its the deal with them properly and allow nuisance objections be heard, then dismissed. Again, problem here is the legal system.
Even if the objectors are rich? This is weird move from Fine Gael.
Surely there’s a way around this for their own people?
Basically it means wealthy areas will continue to be able to fight Judicial Review’s against developments without any notable change – whereas poorer areas have another barrier set up against them fighting JR’s.
About time
Sure we can’t trust these clowns to properly plan anything and making it more difficult for residents to object us going to make for even more shitshows in new developments. No one seems to be looking at long term viability of new developments. It’s all about more houses, more more more with no regard for community facilities and road infrastructure or public transport. Just look at any new development vs ones built in the 80s or 90s and see how far downhill we’ve gone. I’m in one of the soon-to-be most densely populated suburbs in the country and we don’t even have a community centre or even a local pub, no sports grounds, not even a decent park (it’s basically 2 fields with a path around it). Roads are all single lane and traffic is shite and getting worse with 100s new apartments going up.
Too many homeowners imposing inordinately high rents and homelessness on others just by putting in objections.
A deliberate attempt to stifle constitutional rights of appeal to the courts. The courts remain the final location where illegal decisions by councilors can be exposed and nullified. And that is what judicial review does. A recent action exposed serious problems with An Bord Pleanála.
This is smuggled in then in a bill with some worthwhile aspects in a deeply cynical and exploitative fashion.
A typically reckless wannabe Tory move by FFG.
This is very very welcome.
There are 1,500 new houses and apartments going up in Donabate alone that a local residents group are trying to fundraise to take a high court challenge against. That’s just one example I read about today.