Pianificare gli obiettori ora minacciano il bene comune, afferma il responsabile della task force
https://www.irishtimes.com/business/2025/10/02/changes-to-planning-laws-more-important-than-budget-says-chambers/
di zainab1900
Pianificare gli obiettori ora minacciano il bene comune, afferma il responsabile della task force
https://www.irishtimes.com/business/2025/10/02/changes-to-planning-laws-more-important-than-budget-says-chambers/
di zainab1900
5 commenti
Not anywhere near my backyard, or my friends backyard, for that matter. As a matter of fact, I will object to absolutely everything because the only good anything that matters is mine! That’s my view out there, nobody else’s. I will have my fun!
Great, we knew that. Now do something about it!!
Stop making legally flawed decisions then.
It would be great if articles like this could try at all to inform the public – rather than conflating different things and creating confusion.
When people think of “objectors” they usually think of the normal process of planning objections at local authority or even planning commission level. Those shouldn’t actually delay anything. Individual planning applications aren’t a democratic process, they don’t tot up the number of objections and make decisions on that basis. An objection can do no more than alert the planning authority to some relevant legal factor that they had not considered.
What is being talked about by the head of the taskforce however is people bringing judicial reviews. Those can absolutely delay the process.
Essentially every administrative decision of a public body in Ireland is subject to judicial review. That is our constitutional safeguard against public servants making decisions arbitrarily, capriciously, or outside their powers.
Judicial review doesn’t look at the decision really, it’s focus is much more on whether the decision was made correctly. Did the decision makers properly follow the law.
The problem is that planning law is especially complex. The larger (and usually more publicly important) the project the more complex it often is.
Judicial review is important but it can be used cynically as well. It is easy in a complex project for an error to have been made that results in a project having to go back to an earlier step of the process. All this is expensive and time consuming and with how financing works these delays can kill projects. For large public projects the delays can kill all the stuff that depends on those projects.
Which is to say that there is a solution available if the Oireachtas wanted to do it. For major public projects just pass a Bill authorising the project. Now there is no question as to whether the project has jumped through the correct legal hurdles in the planning process. This is what was done for stuff like the Shannon Scheme.
The Oireachtas sets out the will of the people. Judges are not going to question that in judicial review, they can’t.
>Judges are now faced with industrial scale numbers of planning objections: “This is not serial objection. This is on an industrial scale. I do not want a judge ruling on that,” said Mr O’Driscoll.
>He noted that one significant objector said he had made 300 local authority observations and 30 An Bord Pleanála objections, along with four judicial reviews.
And we know who that attention-whore eejit is.