State Planning Legal Costs Surge Tenfold to €10m Over Last Decade

Spiralling Legal Costs

The cost to the state of defending planning decisions in court has skyrocketed, increasing tenfold over the past decade, a stark new report has revealed. Research conducted by the law firm Fieldfisher on behalf of the Office of the Planning Regulator (OPR) paints a dramatic picture of the rising financial burden and legal complexities facing the national planning system.

The comprehensive 78-page report, which was finalised in December 2023 but only published recently, highlights a significant surge in litigation. It details how the number of judicial review cases issued against An Bord Pleanála, now operating as An Coimisiún Pleanála, grew from just 17 in 2012 to a substantial 95 cases by 2022.

A Decade of Escalating Challenges

This sharp increase in legal challenges has had a profound impact on the public purse. According to the findings, the planning body’s overall legal expenditure climbed from €1.07 million in 2012 to an astonishing figure of over €10 million a decade later. This exponential rise reflects not only the volume but also the increasing complexity of planning and environmental law.

The report also provides a comparative analysis with other jurisdictions, noting that countries such as the United Kingdom have implemented measures like cost-capping to manage similar expenses. The publication of these findings is particularly timely, as it coincides with a government consultation on a proposed new scale of fees for environmental judicial reviews, signalling a potential move towards reforming the system to control these spiralling costs.