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ARTICLE · 07 MARCH 2023

Changes To Judicial Review Process Among Major Reforms Proposed In Draft Planning And Development Bill 2022

William Fry LLP
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The Government's housing plan to 2030, Housing for All, committed to a review of the current planning system. Following this review, led by the Office of the Attorney General, the Draft Planning...

IrelandEnvironment
Conor Linehan
Conor Linehan
Michelle Martin
Michelle Martin
Kate Abell
Kate Abell
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The Government's housing plan to 2030, Housing for All, committed to a review of the current planning system. Following this review, led by the Office of the Attorney General, the Draft Planning and Development Bill 2022 (Draft Bill) was published.  The Draft Bill contains a number of significant changes to the planning regime. 

Among these changes is a re-branding of An Bord Pleanála (ABP) to An Coimisiún Pleanála with its decision-making and governing structures separated and a strengthened legal status of Ministerial Guidelines.

Judicial Review 

The Draft Bill also introduces a number of changes to the Judicial Review (JR) process regarding planning decisions. 

A person wishing to challenge a decision of ABP may do so by JR only. This is currently provided for under Sections 50, 50A and 50B of the Planning and Development Acts 2000 to 2022 (PDA). 

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