abp

What is the main role of ABP?

To provide independent oversight and appeals within the Irish planning system.

Why is an independent appeals board important?

It allows planning decisions to be reviewed independently from the local authority that made the original decision.

What is the structure of ABP?

A Board and appointed Board members who make decisions on planning matters.

What is one of ABP's main functions?

Deciding appeals against local authority planning decisions.

What is Strategic Infrastructure Development (SID)?

Major infrastructure projects which can be dealt with directly by ABP.

What major transport projects can ABP deal with?

Major road and railway schemes.

What is ABP's role in CPOs?

It considers Compulsory Purchase Orders made by local authorities and State bodies.

What is the difference between ABP's role in normal appeals and major projects?

For normal appeals, ABP reviews a local authority decision; for major projects, it can assess the application directly

How can ABP's independence be defended?

By pointing to decisions where it made unpopular decisions against powerful political, State and commercial interests.

Name examples of controversial ABP decisions.

Mater Children's Hospital, Slane Bypass, Liberty Hall, Strategic Housing Developments and the Clonskeagh mosque.

What do these decisions demonstrate?

That ABP has been willing to make decisions which conflict with powerful interests, supporting its independence.

How can an ABP decision be challenged?

Through Judicial Review (JR).

Is Judicial Review a normal planning appeal?

No. It mainly examines whether ABP acted lawfully and followed correct procedures.

Does the court normally reconsider the planning merits?

No. The court generally examines the legality/procedure rather than deciding whether the development was a good planning decision.

Name two examples of ABP decisions challenged through JR.

Galway Outer City Bypass and Tipperary Wind Farm.

What type of ABP decisions have faced many JR challenges?

Strategic Housing Developments.

Why have environmental issues contributed to JR challenges?

Difficulties interpreting EU environmental legislation.

What must someone do to bring a JR?

Bring it within the permitted time period and establish valid legal grounds.

What can happen if the JR is successful?

The court can quash ABP's decision, meaning it must be reconsidered.