By Dr. Eva Barrett and Dr. Maria Hallinan, Irish Solar Energy Association (ISEA)
2024 was an exciting year for planning law and policy. On 17 October, President Higgins signed the Planning and Development Act 2024 into law. Once commenced, this whopping 906-page Act with its 26 parts and 7 schedules will update long-established planning practices. In further planning news: on 5 November, provisional agreement was also reached to update the National Planning Framework (NPF) to include regional 2030 targets for solar and wind energy development. The proposed update follows ISEA’s recommendation to take attrition rates and changes to energised capacity levels into account.
What’s the Craic with the Planning Act?
Below, we discuss ISEA’s ongoing advocacy to create a planning system capable of supporting and guiding sufficient levels of investment in solar projects and infrastructure to meet our overarching 2030 8GW target. We also provide some high-level takeaways on the new Planning Act.
What changes did ISEA request to the Planning Bill?
Throughout 2024, ISEA requested the Planning Bill be amended in six key areas.
Climate Action: Strengthen the recognition of the Climate Action and Low Carbon Development Act in the planning framework.
National Planning Statements: Strengthen Government oversight of National Planning Statements.
Extensions: ‘Stop the Clock’ running down on planning permissions during judicial review proceedings.
Strategic Infrastructure Developments (SID): Maintain the status quo which provides flexibility to larger solar projects (i.e. SID and transmission related projects) to elect to request decisions from local authorities on solar projects, and decisions from An Bord Pleanála on grid.
Pre-commencement conditions: Maintain the status quo on deemed agreement to pre-commencement conditions.
Non-Material Amendments: Set reasonable timeframes for decisions on non-material amendments to planning permissions.
ISEA’s advocacy on points 1-3 yielded the following positive outcomes. The Act has strengthened the recognition of the Climate Action and Low Carbon Development Act and Government oversight of National Planning Statements. It also now includes ‘Stop the Clock’ provisions for judicial reviews. ISEA will continue to advocate for the additional changes set out at points 4-6.
What do you need to know about the Act?
An Coimisiún Pleanála: An Bord Pleanála will be re-structured and re-named An Coimisiún Pleanála. Under the Act, there will be a new CEO position, Governing Board, and Chief and Deputy Planning Commissioners (under whom 13 ordinary planning commissioners will be appointed). This overhaul follows a review of An Bord Pleanála by the Office of the Planning Regulator in 2022. The hope is this will improve oversight and governance within An Coimisiún Pleanála, improve timelines, and increase overall efficiency and transparency.
Judicial Review: The Act makes several changes to the judicial review procedure to reduce the time and costs currently associated with the process. The preliminary screening stage of the applicant seeking judicial review (“application for leave”) will been removed. Additionally, in future the grounds for judicial review must be brought forward in the initial statement to the High Court and the applicant must satisfy “standing requirements”, that is, they must prove that they are materially affected by the matter.
Development Plans and the National Planning Framework (NPF): Local Authority Development Plans will be extended from six years to ten years, with a review at the five-year mark. These plans are expected to be more strategic in nature and should be consistent with key policy documents such as the newly updated NPF (with its regional solar targets) and regional spatial and economic strategies.
National Planning Statements: To ensure consistency and clarity across the national, regional, and local planning tiers, the Act will allow the Minister for Housing, Local Government and Heritage to issue national planning guidance through National Planning Statements. Local Authority Plans must be consistent with these Statements.
Statutory Timelines: The Act provides statutory timelines for decisions on planning applications made to An Coimisiún Pleanála ranging from 18 to 48 weeks depending on the complexity of the application. In the 2000 Planning Act, statutory timelines were only required by Local Authorities. The new timelines should aid in reducing delays.
Environmental Assessments: The Act confirms that plans or developments that facilitate or provide certain infrastructure, including the connection of renewable energy to the electricity network, will be considered necessary for ‘imperative reasons of overriding public interest’ (IROPI). This is a requirement under the RED III Directive where IROPI projects must have accelerated planning and consenting procedures.
Development Consents: The Act has simplified consent procedures under four headings (i. Standard development, ii. Applications directly to the Commission, iii. Applications for alterations, extensions and revocations of permission; and iv. Local Authority and State Authority development which does not require planning permission) as opposed to the previous ten.
What happens next?
The existing Planning Act will remain in play until the new Act is commenced, which will happen on a phased basis over an 18 month+ period as secondary legislation is prepared and ready to go. It is expected that the Department of Housing, Planning and Local Government will publish a step-by-step implementation plan to support the transition to the new regime. At a high-level, we expect initial commencement of the sections dealing with: (i) the establishment of An Coimisiún Pleanála; (ii) plans and policies; and (iii) development consents. There are also plans for a consultation on classes and thresholds for exempted developments early in 2025.
So, is it good or bad?
The new Planning and Development Act is a controversial piece of law. This is evident from the unusual Presidential press release which closed by noting that it was open to “any citizen to challenge [its] provisions in the future.” It has the potential to do much good. But for now, there are too many unknowns to call it either way. The universal hope is that as further detail emerges, there will be increased consistency, efficiency and transparency across the planning regime which will support the accelerated rollout of solar energy projects across Ireland.
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