A new division of the High Court to fast-track planning decisions is being urgently considered by the Government. It aims to prevent long delays due to planning objections in the implementation of new motorway, electricity, telecommunications and other major infrastructural projects envisaged in the £40 billion National Development Plan.
The Attorney General, Mr Michael McDowell, is considering the feasibility of delegating all planning cases to a new division of the High Court. His office is understood to have been in contact with senior members of the judiciary, and with the Departments of Finance and Justice, to assess the legal and administrative consequences of such a development. However, a senior Government source said last night the new court could be "up and running by early next year".
At the publication of the plan this week, the Taoiseach said the committee would have to develop "new and innovative" ways to address planning delays. The Government is concerned that major infrastructural projects are being excessively delayed due to appeals of planning decisions.
It is understood that a High Court judge would be asked to hear all appeal cases on planning decisions, and would be asked to give planning cases priority.
The proposal to establish a new planning court has already been discussed by the Cabinet subcommittee on infrastructure. The members of this committee, which is chaired by the Taoiseach, are the Tanaiste, Ms Harney, the Minister for Finance, Mr McCreevy, the Minister for the Environment, Mr Dempsey, the Minister for Justice, Mr O'Donoghue and the Attorney General.
In the plan a u £17.6 billion programme is outlined to overcome what is termed the State's "significant infrastructural deficit".
Several Government sources expressed their concern that many infrastructure projects in the National Development Plan, and in particular the £6.3 billion road-building programme, will not be completed by 2006 due to planning decision appeals by interest groups. The decision to set up the special planning court is one of several initiatives.
The Planning Act, 1992, allows an individual or group to challenge a planning permission by means of a judicial review only within two months of the decision. The decision of the High Court can only be appealed to the Supreme Court on a point of law of exceptional public importance.
A Government source last night referred to the major road developments at the Glen of the Downs in Co Wicklow and the south-eastern motorway linking Tallaght to the Wexford road on the M50 as examples of existing projects which have been "excessively delayed" within the planning system.
The original High Court action in the Glen of the Downs development was initiated in January 1998. A Government source said this case had "wound its way through the court and we are still waiting for a judgment on the Supreme Court appeal".
This latest move to speed up planning decisions follows a series of measures contained in the Planning and Development Bill, published last August by the Minister for the Environment, Mr Dempsey.
The Bill, which is being discussed by the Dail, contains proposals to fast-track the appeal process at An Bord Pleanala level for major public developments including motorways and water treatment plants.
The Government is confident that environmental and other groups will not have serious objections to the establishment of the new court. It is understood that the Government will stress the need to protect the rights of people or groups who want to question the validity of planning decisions.