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'Environmental court', not High Court, should decide planning reviews

Some 95% of cases taken go forward to the High Court
Jack Quann
Jack Quann

07.58 28 Apr 2022


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'Environmental court', not Hig...

'Environmental court', not High Court, should decide planning reviews

Jack Quann
Jack Quann

07.58 28 Apr 2022


Share this article


There are calls for an environmental court to decide on major climate projects, rather than the High Court.

The British-Irish Chamber of Commerce says Ireland's planning system needs modernising.

It comes as a review is being established to examine a bare minimum threshold, under the direction of the Attorney-General.

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British-Irish Chamber of Commerce deputy director-general, Paul Lynam, told Newstalk Breakfast there needs to be a balance.

"What we're talking about is creating a system that balances the need of all the stakeholders.

"That's the developer, that's the investor and of course the local community - but to make sure that it's transparent and the decisions are made in a timely manner".

He says some planning decisions of economic importance - such as an onshore wind energy project - are taking 69 weeks.

"That's too long if we want to tackle climate change.

"Ireland has committed to reducing our climate emissions by 51% by 2030 and 100%, to net zero, by 2050.

"So we're going to have about 35% to 50% more just in the coming years of these strategic infrastructure applications.

"And if they're taking 69 weeks to get a decision, we're just not going to tackle climate change.

"We have to have the infrastructure  in place, and we have to have the planning laws to back that up - and that's even before you get into the judicial review process".

He says anybody can currently request a review of major projects, whether it is in their constituency or not.

"That's appropriate, to a point, because obviously these things have a knock-on effect for the wider economy and society.

"But there needs to be a better threshold in our courts".

He says 95% of these cases taken are granted leave, meaning they can go forward to the High Court.

But he believes the High Court is the wrong venue.

"It's not about stopping people from making an objection, I think that has to be allowed - our Constitution and our way of law requires it.

"But... you have to have some bare minimum threshold.

"The UK has a similar common law system to us, and yet only 23% of their cases are put through - here it's 95%.

"One of the things that's in the Programme for Government, and one of the things we've called for, is the establishment of an environmental court.

"So effectively that the High Court isn't dealing with these major climate projects - that there's a separate court that's well resourced and deals with environmental issues".

'Environmental court', not High Court, should decide planning reviews

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Main image: An Bord Pleanala offices in Dublin are seen in 2012. Picture by: Sam Boal/RollingNews.ie

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Attorney General British Irish Chamber Of Commerce Environmental Court High Court Minimum Threshold Newstalk Breakfast Paul Lynam Planning System

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