Judicial review process needs essential overhaul, warns Cowen

Fianna Fáil TD Barry Cowen at home in Clara, Co. Offaly. Photo: Tony Gavin

Claire Mc Cormack

April 20 2021 04:39 PM

An “overhaul or audit” of the judicial review process has been deemed “essential” by Fianna Fáil TD Barry Cowen.

The former agriculture minister said the state’s whole planning process is “strangled” and “heavily weighted” against major capital developments that could provide an economic lifeline to challenged rural and farming areas.

It comes as the High Court today upheld plans for a proposed €140m continental cheese plant in Belview, Co. Kilkenny –a joint venture between Glanbia Ireland and Dutch dairy processor Royal A-Ware – the project has been hit with significant delays due to objections, appeals and a judicial review pursued by An Taisce on environmental grounds.

[A judicial review is a mechanism by which an application can be made to the High Court to challenge the decision making processes of administrative bodies and lower courts]

In a statement to the Farming Independent the deputy said: “Many dairy farmers in Leinster, and beyond, will breath a sigh of relief now that Glanbia can finally proceed with their €140m cheese plant in Kilkenny following the court’s decision to agree with original decisions by local authority and An Bord Pleanála as far back as September 2019.

“The Banagher Chilling plant is still outstanding after its July 19 application too for a €40m processing facility.

"The whole planning process is strangled, stagnated and heavily weighted against major capital developments and investments that have the potential to champion new markets and offerings to sectors crying out for profitable and sustainable opportunities.

“Such opportunities would augment our international reputation in food, while also improving profits and viability for many farm families,” he said.

‘Detrimental delays’

The Laois-Offaly representative highlighted that his new Bill aimed at ensuring every planning appeal or referral is determined within a 12-week period could assist in mitigating delays in the planning system.

“My Bill compelling An Bord Pleanála to a statutory time period is one corrective measure. An overhaul and audit of the judicial review process is essential too.

“Many housing developments, even with supposed planning permissions, are losing the backing of international financial support and backing owing to similar detrimental delays caused by many judicial reviews.

“It is imperative, in the midst of a housing crisis, that this be addressed forthwith,” deputy Cowen stated.