Reforming the planning laws: ‘It was never going to be a short-term solution to the housing problem'
Ireland's national planning authority is about to enter a new era after the 2022 governance scandal that shook the organisation to its core.
In the coming weeks
An Bord Pleánala
will change its name to An Coimisiún Pleanála and a number of structural changes will take place under the Planning and Development Act 2024.
The organisation's 14 board members will become commissioners and they will solely decide on cases and have no role in the running of the organisation. A Chief Planning Commissioner will also be hired.
The chairperson Peter Mullan will become chief executive and will run the business side of things. He will report to a new governing board, which will have at least five and no more than nine members, to be appointed by the
Minister for Housing
.
READ MORE
The changes are designed to separate corporate decision-making and governance functions at the organisation and are the final step in restoring public confidence in the body and morale among the staff working there.
This section of the mammoth Planning and Development Act 2024, which is designed to reform how planning works in Ireland, is one of the first parts of the legislation to be commenced.
[
Public perception of planning system worsens while harsh reality of housing crisis hits homes
Opens in new window
]
This section, Part 17, is expected to go to Cabinet next week and be officially activated the following week.
The other main part of the legislation that will bring change to An Bord Pleanála is the introduction of mandatory statutory timelines for its decisions. Those timelines range from 18 to 24 weeks and there will be financial penalties for any failure to comply.
This part of the Act is not due to be commenced at the same time as the name change, though it is expected to be in place by the end of 2025.
All these changes are happening in the midst of a
housing crisis
, where builders and home buyers often point fingers at delays in Irish planning as one of the major contributory factors to the slow pace of building at a time when tens of thousands of new homes are needed every year.
So what impact will the changes to An Bord Pleanála have on the housing crisis and what other changes can we expect to see when the new legislation is fully commenced?
The context
It is difficult to talk about the changes coming at An Bord Pleanála without first recounting the upheaval at the authority over recent years.
In 2022 news broke of then deputy chairperson Paul Hyde's alleged conflict of interest on a number of cases. In 2023 he
received a suspended prison sentence
for failing to declare certain personal interests in a number of properties when a member of the planning body.
Former An Bord Pleanála deputy chairman Paul Hyde leaving court in Cork in November 2023. Photograph: Michael Mac Sweeney/Cork Courts
Chairman at the time Dave Walsh also took early retirement 'for personal and family reasons', creating a leadership vacuum.
An investigation into governance issues at An Bord Pleanála by senior counsel Lorna Lynch
concluded there were no sufficient grounds
to refer matters to the Minister for housing to determine if there was 'stated misbehaviour'.
She found, following an investigation into six governance areas involving a review of 175 case files, that there was no requirement for the planning board to initiate disciplinary action against any current or former employees.
The upheaval in management and a deficit in staffing led to a build-up of cases sitting with the board. At its peak there was a backlog of more than 3,600 cases, roughly double its usual roster of about 1,500.
[
James Browne has little power to fix the housing crisis. The status quo is in charge
Opens in new window
]
The national planning authority received approval from the Department of Housing to hire significantly more staff. It now has 290 full-time employees, up from 202 at the end of 2022, and 15 permanent board members.
This has resulted in a substantial reduction in the backlog, to 1,274 cases as of March 2025.
Mullan officially took over as chairperson in January 2024. He reflects on what has been an unprecedented period of disruption for the organisation.
'It was an existential crisis. The unethical and criminal behaviour of Paul Hyde brought this organisation to the very brink. We worked very, very hard to reestablish our reputation,' Mullan tells The Irish Times.
But how has the crisis affected staff and what do they think of the proposed changes?
A new name
Rebuilding the reputation of the organisation does not require a name change, or a change in governance, Mullan says, because he believes this has already been achieved.
But will it help? 'I think it will,' he says.
Other staff members were not so sure.
In May 2023 trade union Forsa, which represents a number of An Bord Pleanála staff, wrote to then minister for housing Darragh O'Brien outlining its opposition to the move.
The change in name 'reflects negatively on all who work in the organisation' and represents 'collective punishment' for all of those in the organisation who had worked with 'impartiality and integrity', while others at the very top had not, Forsa said at the time.
The turmoil and subsequent clean-up had a bruising and isolating effect on those who worked there, though that appears to be receding.
'There was a little bit of unhappiness, but I think people have come around to the idea,' Mullan says.
'I think everybody here accepts that it reflects the governance changes in the Act, and what the commissioners will do.'
Sign outside An Bord Pleanála's offices in Dublin. Photograph: Nick Bradshaw
The name, An Coimisiún Pleanála, reflects the fact that the 14 board members will now become planning commissioners, or Coimisinéirí Pleanála, and there will be nobody on the governing board deciding on planning cases.
This is not a rebrand, Mullan stresses.
'It's not that we fancied a new sign,' he says.
The new name reflects the change in governance.
'The main value within the staff of this organisation is integrity. That integrity existed in staff members before the governance failures and has come right through to the fore now,' Mullan says.
The impact
Will these changes to An Bord Pleanála's structure and governance have a big impact on how planning is done in Ireland?
'I don't think they're going to be transformative,' Gavin Lawlor, president of the Irish Planning Institute says.
'The changes are subtle, so there won't be any significant overt change. An Bord Pleanála is changing its name, there are governance changes in terms of how it operates and how it's structured, and it will have mandatory timelines imposed on decision making.'
Gavin Lawlor, president of the Irish Planning Institute. Photograph: Fennell Photography
The more significant reform around how planning is done in Ireland is contained in other sections of the Act.
'The objective of the Act is to provide more certainty around the timing of the outcomes of a planning application. Then on the plan-making side, it is to provide more detail, more certainty for the community as to what will happen in the future,' Lawlor says.
Local authority development plans will be extended to 10 years in duration, increasing certainty for developers and putting the focus on long-term, strategic planning.
These plans will have to align with the National Planning Framework (NPF), and the Minister for Housing James Browne has said he will be asking all local authorities to reopen their plans this year to ensure they comply with the revised NPF.
The development plans will also be guided by Urban Development Zones, which will be explicit on the height and density allowed in certain areas.
'It gives everybody a little bit more certainty around what they can expect to see when planning applications come in. What we want is a more plan-led system, a more prescriptive system, so less is left to chance,' Lawlor says.
The changes will not be swift, though.
'Within a year, the new Act will be in place, but then it takes time for those elements of the new Act to kick in, and to make meaningful difference,' says Lawlor.
He estimates that it will be 'probably three to five years' before any new development plans are in place and then another three years until the consequences are seen 'in terms of housing'.
'The Planning and Development Act was never going to be a short-term solution to the housing problem,' Lawlor says.
While slow-paced change is not exactly music to the Minister's ears – or to people trying to build, buy or rent their own home – it does appear to be a step in the right direction.
What will people notice in the changes with An Coimisiún Pleanála?
'I don't think John or Mary Citizen are going to notice anything really different other than the change in our name,' Mullan says.
'But the public are entitled to an efficient planning service, and that's what they're going to get from An Coimisiún Pleanála.'
Delivering an efficient planning service could be a much larger task than any one organisation can pull off.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Irish Times
5 hours ago
- Irish Times
Is it worth my while to give half my inheritance to my husband to avoid tax?
I just want to confirm my understanding of the position around deed of variation/family arrangement with wills in Ireland. I am due to inherit €30,000 from my brother-in-law and I am wondering if it is worth my while to gift my husband half, in order to avoid tax ? Ms C.L. When someone draws up a will, they generally have two things in mind. First, they want to take care of those closest and dearest to them; second, they want to minimise how much of their estate gets taken in tax. READ MORE There's an industry of lawyers and tax advisers making a very good living servicing this demand – as evidenced by last week's article about wealthy individuals in Ireland buying farmland to avail of an inheritance tax loophole while it lasts. This can be a game of cat and mouse. New reliefs are introduced, advisers notice they can be used entirely legitimately but not in the way the Government originally intended to benefit their (generally) wealthy clients and, over time, amendments are brought in to try to restore the measure to its original purpose. But what you are talking about is a much longer established structure called a deed of variation, otherwise known as a deed of family arrangement. Anyone who has been in the UK might be more familiar with it as, in that jurisdiction, it can be a very useful way of effectively rewriting someone's will – at least in relation to any inheritance you are in line to receive – to take account of changed circumstances, such as the arrival of children, grandchildren or in-laws since the will was originally drafted. It can also be used in intestacy where the absence of a will might mean, for instance, that a cohabiting partner could otherwise be left with nothing. [ Wills and spouses: Why you cannot just cut a wife out of your will Opens in new window ] In the UK, such a deed of variation must be in writing and must be signed within two years of the original benefactor dying. One of the advantages is that rather than being seen as you inheriting and then passing some of that benefit onwards, the benefit you allocate to anyone else under such a deed is considered as coming to them directly from the person who has died. So what does that mean for you? Well, while there is a lot of similarity between the law here and in the UK due to our shared heritage, there are some significant differences too, not least in relation to inheritance. For instance, while, in the UK, the tax liability is on the estate of the dead person, in Ireland, the liability rests with the individual beneficiaries depending on the amount involved and the beneficiary's relationship with the dead person. In-laws are considered as 'strangers' in terms of inheritance. As such, they come under the lowest category C tax-free threshold And there is a key difference of approach also when it comes to deeds of variation. While there is nothing stopping you exercising a deed of variation to gift your husband half of what you are inheriting from your brother-in-law, it will have no impact on your tax liability. In Ireland, as Revenue has confirmed for me, as far as liability for Capital Acquisitions Tax (CAT or inheritance tax) is concerned, you will be considered to have taken the full €30,000 inheritance from your brother-in-law with your husband being seen as taking a subsequent €15,000 gift from you. Now, in practical terms, that raises no tax bill for your husband as gifts and inheritances between spouses are exempt from inheritance. But it could have tax implications for the recipient of your largesse if you were looking to have a friend benefit, for instance. And it does mean you will face a tax bill. In-laws are considered as 'strangers' in terms of inheritance. As such, they come under the lowest category C tax-free threshold – currently €20,000. So you will face a 33 per cent tax bill on at least €10,000 of this inheritance – €3,300. It could be more if, as would not be unusual, you previously received an inheritance – or, indeed a gift of more than €3,000 in one year – from a friend, in-law, cousin or more distant relation. They all come under category C and that €20,000 tax-free limit is a lifetime one extending back to cover any inheritance or large gift received since December 5th, 1991. That leaves you with two choices: you can accept the inheritance and pay the tax due on anything over your tax-free threshold, or you can disclaim the inheritance. However, that second option is an all or nothing one. You cannot just disclaim €10,000 of the €30,000 so that you stay within your tax-free limit. You will be giving all of it up. Nor have you any right, if you disclaim, to influence where the inheritance goes. That will be determined by the wording of the will. The money would most likely go to other beneficiaries under a residuary clause – a clause governing the distribution of any assets not specifically allocated to any person or institution. The bottom line is that, if the intention is to reduce your tax bill, a deed of variation will not do it and, of course, you will have incurred legal costs in getting advice on and drawing up any such deed. Please send your queries to Dominic Coyle, Q&A, The Irish Times, 24-28 Tara Street Dublin 2, or by email to with a contact phone number. This column is a reader service and is not intended to replace professional advice
Irish Times
6 hours ago
- Irish Times
Value of sanctions against Irish landlords for breaches reaches highest rate ever, RTB figures show
The value of sanctions against Irish landlords for breaches of rental law has grown to its highest rate ever, according to new figures released by the Residential Tenancies Board (RTB). In 2024, it published 75 sanctions with a total value of €238,299. This is almost four times higher in monetary value than what it gathered in 2023, at €64,360. In July 2019, the RTB was given new powers to investigate and sanction landlords who engage in breaches of rental law, known as improper conducts. The significant increase in the value of sanctions issued against landlords last year came amid renewed focus within the RTB investigations unit on a smaller group of landlords seen to be repeatedly breaching rental laws. READ MORE In a statement to The Irish Times, the RTB said the work 'involved detailed investigations into complex company structures and rental arrangements that were designed to avoid detection and enforcement of rental law'. 'It involved prolonged investigative work to access properties, serve legal documents and to find tenants who were willing to speak with the RTB's authorised officers,' the spokeswoman said in response to questions. 'These investigations into deliberate and repeated offenders saw the RTB's independent decision makers award higher levels of sanctions than previously seen,' the board said. Among those sanctioned in 2024 was Marc Godart and his company Green Label Ltd, with eight different sanctions amounting to a total of €26,100 in penalties for various breaches, including failure to register a tenancy. [ Under the eye of landlord Marc Godart: how a tenant who objected to CCTV surveillance was evicted Opens in new window ] Another notable case from 2024 was that of Anuj Katyal, who received a sanction of €15,000 for a failure to comply with rent pressure zone (RPZ) requirements at an address in Liffey Valley Park, Lucan, Co Dublin. Landlords John and Patricia Keeling also received a sanction of €15,000 for a failure to comply with RPZ requirements at an address in Derham Park, Balbriggan, Co Dublin. The RTB has published 36 sanctions to date in 2025 with a total value of €102,490, including its highest value single sanction yet on a Dublin-based landlord. Sweet Home Accommodation Ltd, run by Renato Passos, was fined €22,000 for a breach of rental laws at six city centre properties under his control. Investigators established he had failed to register 20 tenancies in properties on Leeson Street, Middle Abbey Street and Upper Abbey Street. During the course of its investigation the RTB discovered Brazilian students were being targeted through language schools and on social media about properties Mr Passos did not actually own but was sub-letting. Investigators found there was extensive overcrowding at multiple properties run by him, with bunk beds crammed into makeshift apartments, mattresses laid on floors and livingrooms converted into bedrooms. In one property, there were 15 people sharing one kitchen. Former tenant Julia Langneck, who lived at a property sublet by Mr Passos on Bolton Street in Dublin 1, told The Irish Times 'it was not really human at all, it was really terrible'. She detailed sharing a room with four other people, all in bunk beds, and paying almost €400 a month in rent. When the house became infested with bedbugs and the landlord asked for tenants to pay to have them removed, Julia decided to move out. However, Mr Passos withheld her deposit. This led to her taking a case against him with the RTB, which ordered him to pay the deposit and damages as part of its dispute resolutions process. The RTB subsequently began its own independent investigation into Mr Passos when media reports detailed serious overcrowding and unstable tenancies in properties he was leasing on Leeson Street. This investigation then led to the €22,000 sanction.
Irish Times
20 hours ago
- Irish Times
‘None of us are free until everyone is free': Tens of thousands attend Budapest Pride in defiance of ban
Tens of thousands of protesters marched through Hungary's capital on Saturday as a banned LGBTQ+ rights rally swelled into a mass demonstration against the government. Crowds filled a square near Budapest's city hall before setting off across the city, some waving rainbow flags, others carrying signs mocking prime minister Viktor Orban . 'This is about much more, not just about homosexuality .... This is the last moment to stand up for our rights,' said Eszter Rein Bodi, one of the marchers. 'None of us are free until everyone is free,' one sign read. READ MORE Small groups of far-right counter-protesters attempted to disrupt the parade, but police kept them away and diverted the route of the march to avoid any clashes. Participants march in the Budapest Pride parade on Saturday. Photograph:Mr Orban's nationalist government has gradually curtailed the rights of the LGBTQ+ community in the past decade, and its members of parliament passed a law in March that allows for the ban of Pride marches, citing the need to protect children. Opponents see the move as part of a wider crackdown on democratic freedoms ahead of a national election next year when Mr Orban will face a strong opposition challenger. Organisers said participants arrived from 30 different countries, with 70 members of the European Parliament, including from Ireland, joining the parade. More than 30 embassies have expressed support for the march and European Commission president Ursula von der Leyen called on Hungarian authorities to let it go ahead. Seventy Hungarian civil society groups, including the Hungarian Civil Liberties Union, Transparency International Hungary and the Hungarian Helsinki Commission, published an open letter on Friday in support of the march, saying the law that led to the police ban 'serves to intimidate the entire society'. 'The right to assembly is a basic human right, and I don't think it should be banned. Just because someone does not like the reason why you go to the street, or they do not agree with it, you still have the right to do so,' said Krisztina Aranyi, another marcher. Budapest's municipality organised the Pride march in a move to circumvent a law that allows police to ban LGBTQ+ marches. Photograph: Peter Kohalmi/AFP via Getty Images Budapest mayor Gergely Karacsony tried to circumvent the law by organising the march as a municipal event, which he said does not need a permit. Police, however, banned the event, arguing that it fell under the scope of the child protection law. Mr Orban, whose government promotes a Christian-conservative agenda, provided some clues on Friday about what participants can expect when he warned of 'legal consequences' for organising and attending the march. Earlier this week his justice minister Bence Tuzson warned in a letter sent to some foreign embassies in Budapest that organising a prohibited event is punishable by one year in jail, while attending counts as a misdemeanour. The law that allows for the ban of Pride lets police impose fines and use facial recognition cameras to identify people who attend. When asked about the threat of a one-year jail term, Mr Karacsony said at a press briefing on Friday that such a sentence would only boost his popularity. 'But I cannot take it seriously,' he said. Making the march a key topic of political discourse has allowed the Orban government to take the initiative back from the opposition and mobilise its voter base, said Zoltan Novak, an analyst at the Centre for Fair Political Analysis. Hungary's prime minister Viktor Orban. Photograph: John Thys/AFP via Getty Images 'In the past 15 years, Fidesz decided what topics dominated the political world,' he said, noting that this has become more difficult as Mr Orban's party has faced an increasing challenge from centre-right opposition leader Peter Magyar's Tisza party, which had a 15-point lead over Fidesz in a recent poll. Tisza, which has been avoiding taking a strong position on gay rights issues, did not specify in response to questions whether it believed the Pride march was lawful, but said those attending deserved the state's protection. 'Peter Magyar has called on the Hungarian authorities and police to protect the Hungarian people this Saturday, and on other days as well, even if it means standing up against the arbitrariness of power,' its press office said. Mr Magyar himself did not attend. - Reuters
