Number of resolved planning and environment cases doubles under new fast-track approach

Minister for Justice says increase in planning cases heard vindicates new fast-track approach

Minister for Justice, Jim O’Callaghan, said decision to have a separate list for planning and environmental matters has been vindicated. Photograph: Dara Mac Dónaill/The Irish Times
Minister for Justice, Jim O’Callaghan, said decision to have a separate list for planning and environmental matters has been vindicated. Photograph: Dara Mac Dónaill/The Irish Times

The number of planning and environment cases that have been resolved has doubled since a new fast-tracking approach was introduced in the courts.

The planning and environment list was set up in December 2023 to expedite legal proceedings that were holding up housing and infrastructure projects.

The Court Service’s Annual Report for 2024 shows 253 planning and environmental cases were resolved last year, up from 129 in 2023, an increase of 96 per cent.

Cases related to issues such as residential developments, renewable energy projects and commercial developments.

There were 108 active cases in the list when it commenced and 221 cases came in during last year. About a third of cases last year involved a development located in Dublin.

Minister for Housing James Browne announced last month that he is bringing forward a Bill that would extend planning permissions to take account of delays related to judicial reviews.

Speaking after the launch of the service’s annual report, Minister for Justice Jim O’Callaghan said the increase in the number of cases being resolved vindicated the decision to have a separate list for planning and environmental matters.

“Before the specialist list there were important infrastructural projects that just went into the standard judicial review list and waited to be progressed,” he said.

“I welcome the fact that there is this strategic planning list that is going to expediate cases and I think we are going to see a more efficient hearing of those cases.”

In January, the Construction Industry Federation estimated that 13,000 homes were being held up because of judicial reviews.

“I’m concerned that we see housing proposals delayed because of judicial reviews,” Mr O’Callaghan added.

Courts Service chief executive Angela Denning said the fact that personal injuries awards had almost halved in the space of a year was attributable to new guidelines.

The guidelines were introduced by the Judicial Council following new legislation in 2019 which were approved by judges in 2021.

Ms Denning said the Delaney case last year had given certainty to judges in the awards they could make. This involved a case taken by a woman who challenged the €3,000 award made to her after she fell on a footpath in April 2019 in Dungarvan, Co Waterford.

The case went to the Supreme Court and the court ruled that the personal injuries guidelines were binding and had legal effect.

As a result, personal injury awards went from €256 million in 2023 to €135 million last year. Circuit Court awards, capped at €60,000, dropped from €16 million to less than €13 million, and District Court awards fell from €2.2 million to €1.5 million.

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Ronan McGreevy

Ronan McGreevy

Ronan McGreevy is a news reporter with The Irish Times