Environment and Planning
Proposed planning reforms
The Accelerating Infrastructure Report and Action Plan, published on 3 December 2025, outlines the Government’s programme of reform for the planning regime. The plan identifies 30 actions, the majority of which are intended to be implemented in 2026. Three of the most significant for developers are:
- Judicial review and costs reform: It is proposed to place the entire judicial review process on a statutory footing through the implementation of the Civil Reform Bill. The general scheme of the bill was published on 6 January 2026. Separately, consultation has opened on the introduction of a scale of fees for judicial reviews taken under the 2024 Act. A new cost model is under consideration, where applicants would retain a level of cost protection, but “face an element of jeopardy” in the sense that they may be liable for some costs. This approach would have to be reconciled with the Aarhus Convention requirement to ensure that access to environmental justice is not “prohibitively expensive.”
- Environmental assessments: Reforms will be introduced to reduce the administrative burden of preparing Natura Impact Statements (NIS) and Environmental Impact Assessments Reports (EIARs). The scope of information required will be reduced in line with EU law. This will be complemented by the European Commission’s announcement of a package of measures to simplify environmental legislation on 10 December 2025.
- Major infrastructure projects: The proposed Critical Infrastructure and Emergency Powers Bills are intended to accelerate the delivery of necessary infrastructure. Government would have statutory powers to designate works to benefit from fast-tracked permitting and licensing. The Emergency Powers Bill would enable projects of national importance to bypass elements of the planning process in emergencies. It is not clear what would be required to meet this threshold.
Planning and Development Act 2024
The Planning and Development Act 2024 (the 2024 Act) was signed into law by the President on 17 October 2024. The act is being commenced in stages. The following is a broad overview of the commencements to date:
- Judicial review: Chapter 1, comprising the substantial judicial review provisions of the 2024 Act, is in force. However, this has no practical effect at present. Section 180 is also in force. This permits developers to suspend the duration of planning permissions during judicial review proceedings. It also applies to permissions granted under the Planning and Development Act 2000, with retrospective effect.
- National plans and policies: Provisions relating to the National Planning Framework, National Planning Statements (formerly ministerial guidelines), regional spatial and economic strategies, development plans and urban, priority and coordinated area plans have been commenced. Provisions concerning the appropriate assessment of plans (but not of individual developments) are also in force.
- Urban Development Zones (UDZs): Preliminary chapters enabling local authorities to identify suitable sites for designation have been commenced. UDZs play a large role in the government’s plan for housing delivery. See our briefing on the plan here.
- Enforcement: Certain enforcement provisions have been commenced, including the designation of local authorities as regional enforcement authorities and sections governing the service of orders, notices and warning letters. Rules on time limits, penalties and prosecution are partly in force.
- An Coimisiún Pleanála: Sections related to the organisational restructuring and rebranding of An Bord Pleanála to An Coimisiún Pleanála are in force.
Commencement is planned in four blocks (A–D). At the Law Society’s Environmental and Planning Law Committee Conference in November 2025, the Head of the Planning Division at the Department of Housing stated that the major commencement phase for Block C would be in the first quarter of 2026. This block includes environmental assessments. However, commencement may be delayed by the ongoing review of the Planning and Development Regulations.
Government will consider introducing tests to accelerate infrastructure provision, such as an assessment of the prospect of success before litigation proceeds.
The High Court’s decision in Coolglass Wind Farm Limited v An Bord Pleanála & Ors [2025] IEHC 1 concerned a challenge against the Board’s decision to refuse permission for a 13-turbine wind farm... This is a landmark ruling, impacting the decision-making competencies of numerous public bodies.
Coolglass
The High Court’s decision in Coolglass Wind Farm Limited v An Bord Pleanála & Ors [2025] IEHC 1 concerned a challenge against the Board’s decision to refuse permission for a 13-turbine wind farm in Co. Laois. This is a landmark ruling, impacting the decision-making competencies of numerous public bodies. The ruling clarified the scope of the obligation on public bodies to exercise their functions, in so far as practicable, in compliance with specified climate plans and objectives pursuant to section 15 of the Climate Action and Low Carbon Development Act 2015 (as amended) (the Climate Act).
Justice Humphreys found that the language of section 15 requires the decision-maker to comply with the climate policies and objectives “unless it is not possible or practicable to do so.” This is a very high standard, falling just short of unconditional. Practically, this means that renewable energy developments must be consented except in extraordinary circumstances. However, the Court clarified that the obligation to use discretionary powers favourable to renewable energy infrastructure does not automatically translate into an obligation to refuse permission for developments that cause emissions, such as data centres or LNG storage facilities. The decision-maker must consider each planning application on its own facts, consider the “trade-offs and displacement effects”, and apply section 15 accordingly.
The Supreme Court heard an appeal against the High Court’s decision in July 2025. This decision is awaited, and we expect judgment to be delivered by the end of January 2026.
Renewable energy regulations
The Minister for Housing, Local Government and Heritage made the European Union (Planning and Development) (Renewable Energy) Regulations 2025 on 6 August 2025 to transpose elements of the permit-granting requirements for renewable energy development under the Renewable Energy Directive III (RED III). Read our briefing here. Subsequent regulations were made on 11 September 2025 and 24 September 2025 to reduce key issues. The regulations impose decision-making timelines for renewable energy developments, in addition to a presumption of overriding public interest for the permit-granting procedure. Applications for renewable energy developments are subject to new “completeness checks” and must undergo mandatory environmental impact assessment report scoping from 1 May 2026.
The regulations have caused teething issues for decision makers and planning applicants and may be subject to further future reform. The correct interpretation of the new regulations remains under debate.
Offshore wind
Important updates on offshore wind development this year include:
- A proposal for a National Designated Maritime Area Plan (DMAP) was published on 12 September 2025. The plan will provide a national marine spatial planning framework, setting out where maritime area consents for offshore wind applications will be considered. Under the proposal, the National DMAP would designate sufficient maritime area to deliver a target of 20GW of offshore renewable energy by 2040, taking account of sites already designated by the South Coast DMAP.
- The government approved the preparation of a general scheme for the Maritime Area Planning (Marine Protected Areas) (Amendment) Bill on 13 November 2025. The bill will provide for the designation and management of marine protected areas (MPAs). The general scheme of the Marine Protected Areas Bill, which was approved in December 2022, will be set aside. This is a move away from the previous approach of creating a new system of spatial designations for MPAs. It’s now proposed that MPAs will be designated using the DMAP framework under the Maritime Area Planning Act 2021.
- The results of Ireland’s second offshore wind auction, Tonn Nua, were formally announced on 9 December 2025. The auction winner, Helvic Head Offshore Wind DAC, is a joint venture partnership between ESB and Ørsted. The 900MW offshore wind farm will be developed in the first site of the South Coast DMAP.
Please contact a member of our Environment and Planning Group or your usual Arthur Cox contact for more information.
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