Over 250 judicial reviews taken since 2024 – Burke

The recent increase in judicial review cases taken against An Coimisiún Pleanála (ACP) is placing a significant strain on Ireland’s planning system, with 17 cases per month being lodged since the start of 2025, a Fine Gael TD has said.

Deputy Colm Burke said: “I am concerned that the total number of judicial reviews taken against ACP has increased dramatically over the last 18 months. In that time, the number of new cases was 253 in total, with 147 commencing in 2024 and 106 lodged in the first 6 months of 2025.

“The average number of cases taken in the previous four years was less than 100 per annum, approximately eight per month.”

“I have serious concerns at the sharp increase in the number of cases taken and it needs urgent attention to ensure the integrity and efficiency of the planning process.

“These judicial review cases are slowing down planning applications and with the large increase over the last 18 months, the High Court will have difficulty in dealing with them in a timely manner.

“Many building contractors are ending up incurring substantial costs because of the delays from the time of lodging the planning application, dealing with an appeal to ACP, and then having to wait for the High Court to decide, and in some cases where it is then subsequently appealed to the Supreme Court.

“These cases are adding to the costs incurred by builders which eventually end up being passed on to the house purchasers.

Deputy Burke sought from An Coimisiún the number of judicial reviews and their status. The Cork North Central TD said the response received is staggering.

“Since January 1^st 2020, over 625 cases have been taken against ACP to the High Court.

“Of the cases dealt with to date from the 1^st of January 2020 to June 30^th, 2025, the High Court has held against ACP in 82 cases in that five and a half year time period.

“Over the same period, the High Court has referred 124 cases to ACP for further consideration. In respect of these 124 cases, 58 are still awaiting decision from An Coimisiún.

“The Minister for Housing, Local Government and Heritage, and the Government must urgently review current legislation. We have major housing challenges, and every effort must be made to expediate the planning process.

“I fully accept that third parties have a legal right to take whatever proceedings they deem necessary, but those who require housing and accommodation also have rights.

“It is now time for the balance to be put in place and that there are tighter controls in respect of the use and availability of the judicial review process.

“It is also important that every effort must be made to reduce the cost of housing and with the escalation in the number of judicial reviews, this is now substantially adding to the cost that the purchaser eventually has to carry.”