The Government has described its recent appointment of new permanent members to the Board of An Bord Pleanála (SI 414/2024) as “allowing” for continued progress in reducing the backlog of cases following “matters arising during the course of 2022” (Press Release 26 August).
Some context will provide a fuller picture;
- It is important to understand that although final planning decisions are taken by the Board (or a division of the Board acting on its behalf), the ability of the Board to take such decisions (and the quality of those decisions) depends heavily on work done by other members of staff. Perhaps most visibly, Board decisions depend upon sometimes very lengthy Inspectors’ Reports which inform Board members of the circumstances of a case and make a recommendation. The number of staff members, including Inspectors, has also been increased.
- It is important to acknowledge the gravity of what the Government euphemistically refers to as “matters arising during the course of 2022”. The OPR’s Report on the Second Phase of its Review into the work of the Board (December 2022) more accurately described those events as constituting a “crisis”. The Chairman of the Board at that time resigned and his Deputy, Paul Hyde, pleaded guilty to two offences of failing to declare property interests. It is difficult to over-estimate the effect that this crisis had upon public confidence in the planning system.
- Any implication that the backlog of cases at the Board is attributable to the 2022 crisis is not accurate. It is clear from the Board’s Annual Report in respect of 2022 (the most recent available) that the backlog of cases started to grow in 2019.
- Within the increase under s104(2) of the Planning and Development Act 2000 in the overall size of the Board (which presently includes temporary members) it is important to note the appointment of eight new full Board members whose terms of office will extend beyond the attempt to clear what is (hopefully) a temporary backlog. Upon commencement of s456(5) of the present iteration of the Planning Bill, existing Board Members will become Planning Commissioners within the new An Coimisiún Pleanála.
Lessons from the 2022 crisis will not be learned unless its reality is acknowledged. Measures being taken now which have their roots in those events will echo in the new Commission long after the enactment and commencement of the Planning Act.