The Government appears to be getting its act together in agreeing new procedures and practices for fast-tracking major infrastructural projects.
Minister for the Environment, Dick Roche, yesterday announced plans to add a new strategic infrastructure division to An Bord Pleanála that will deal with all major projects in future. In addition, Minister for Justice, Michael McDowell is to introduce changes to procedures for the judicial review of planning decisions in order to minimise delays.
Few people would argue against the need for a faster, more effective planning process, particularly where large-scale projects are concerned and large amounts of public funds are at stake. Delays lead to higher costs. And while the public's right to object to major projects must be upheld, there have been occasions when small, unrepresentative groups have damaged the public interest through their unremitting opposition to necessary developments. That said, the most spectacular delays and cost over-runs in recent years have been caused through Government indecision and changes of mind.
Valid concerns can be raised about whether the new processes will be tilted in favour of the developer. Draft legislation was withdrawn from Cabinet last year when the Minister for Justice objected to an incinerator project in his constituency being fast-tracked under its terms. Following political compromise, that project will now be dealt with under existing planning procedures. It was a strange decision. And it would be wrong if, in future, different planning approaches were adopted by separate units within An Bord Pleanála.
Most of the delay in the planning process now involves court challenges. In that regard, Mr Roche has streamlined procedures for preliminary hearings while inviting judges to deal firmly with vexatious cases. In addition, Mr McDowell will consult with the judiciary about the possibility of extending commercial case management to planning cases in order to minimise delays.
The new arrangements are unlikely to take effect until next year. They will deal specifically with the Government's 10 year transport plan involving railways - including the Metro - roads and motorways, along with gas pipelines and electricity transmission lines. Private sector projects of strategic importance may also be referred directly to An Bord Pleanála, without securing local planning permission. The intention to avoid unnecessary delays and cost overruns on major projects is commendable. But great care must be taken to protect the environment and to balance carefully the rights of communities against excessive commercial development.