Proposed Planning Bill 2019 Limits Challenges To Proposed Developments

The General Scheme of the Housing and Planning and Development Bill 2019 (the "Bill") was released for public consultation on 9 December 2019. It sets out proposed changes to the planning judicial review process. Most significantly, the Bill seeks to:

• Restrict the category of persons or bodies who may seek a judicial review;
• Revise the "substantial grounds" and "substantial interest" criteria for the purposes of granting leave to judicially review a planning decision;
• Restrict judicial review challenges to decisions of An Bord Pleanála only;
• Require legal proceedings to be commenced by way of "motion on notice", thereby enabling Respondents and Notice Parties to contest a leave application at the earliest possible stage;