The Minister for Housing, Local Government and Heritage has said that there are no plans at this time to change the law to stop "vexatious" objections to farmers' planning permission applications.
Minister James Browne was asked by Meath West TD Peadar Tóibín if he will change the law to stop vexatious opposition to farmers’ planning permissions.
Tóibín said that these submissions opposing farmers' plans frequently come from individuals with no material interest in an area, as currently, a small number of "serial objectors, often located many miles from a development", can oppose a planning permission.
In response, Minister Browne said that, with the passage of the Planning and Development Act 2024 last year, and the new requirements it puts in place, there is no need for a further change to the law.
Outlining the provisions of the 2024 act (which was enacted on October 17 last), Minister Browne said: "As is the case under the current legislation in force, under the act of 2024 it is open to any member of the public to make a submission on any planning application during the participation process.
"When making a decision in respect of that application, the relevant planning authority or An Coimisiún Pleanála [a new body that will replace An Bord Pleanála] must have regard to, among a number of matters, any written submission made to it by any person in accordance with this act," the minister added.
However, he said that the act introduces a new procedure to deal with "spurious" planning submissions and appeals.
Submissions on planning applications, appeals of applications and judicial reviews must be accompanied by a statutory declaration stating that the submission or appeal is not being done for the purpose of delaying a development or for receiving a payment.
Penalties will also be introduced in respect of anyone making a false declaration, Minister Browne said.
He said that rules for handling appeals that may be considered vexatious are set out in the previous planning act, the act of 2000 (this act remains partially in force until the phased commencement of the 2024 act's provisions is complete).
Under the 2000 act, An Bord Pleanála has powers to dismiss appeals where it is of the opinion that an appeal is frivolous or vexatious, or has been brought for the purpose of delaying the development, or the intention of securing money, gifts, or other inducements.
"Given the recent enactment of the act of 2024 and the legislative changes to be introduced, I have no plans at this time to bring forward further planning legislation in relation to vexatious submissions, appeals or judicial reviews," Minister Browne said.
"I am satisfied that the new mandatory declaration procedure...in combination with existing arrangements as apply to public participation in planning decision-making, will contribute significantly to the openness and transparency of the planning process," he added.