Saturday, 4 October 2025

How can the distrust between public planners and private planners in Ireland be addressed?

 This week's Autumn Irish Planning Institute conference was an interesting event. Public and private sector planners find themselves together discussing the development management process for which both are critical actors. They have each enjoyed much the same education and may have been in the same class in college. There is in fact almost no difference between them. The only difference is that some are paid by the state and the private sector others by clients (some of which are public sector clients).

Some public sector planners appreciate private sector planners are under pressure, work hard, and do their best to deliver projects for them to review. They understand that private sector planners have clients for whom they must make the best case they can and that, as with legal defence teams, every client deserves representation. 

Others, however, are suspicious of all contact with private sector planners. Over recent years, the Irish Planning Institute has had a private sector Senior Planner as President. I hope this has shown that private sector planners are important members of the profession. I fear however that many private sector planners experience interactions with public sector planners whereby they are viewed as always trying to court favour - even when saying hello with a coffee cup in hand. This is not the case. It is a failing of our planning system that public sector planners often feel the need to retain a fire wall between themselves and private sector colleagues.

In other countries which maintain similar planning systems, the assessment of some planning applications is often tendered out to private firms, individual private planners may be contracted for short or long periods, etc. Planners can be both private and public workers.
Indeed, one of the features of An Bord Pleanála (now "the Commission") some years ago was that it offered qualified and experienced planners work on a 'fee per case' basis. However, most of this work went to private planners who had considerable public sector work experience (for example,  lecturer taking on some 'on the side' work), as though private sector work experience was of a lower quality, less deserving, or somehow tainted.

One of the issues in Ireland that is causing problems with delivery is insufficient numbers of public sector planners, yet there are also shortfalls in the numbers of private sector planners. Delivery on national, regional, and local planning objectives requires both kinds. There is a growing need for planners to be able to move in and out of the public and private sectors  to fill given roles for given periods. However, while it is not difficult to move from private sector to public sector in the early years of a given career, i.e. after graduating from a planning qualification, usually someone in their 20s, this becomes more and more difficult. Private planners with significant capacity to help Ireland deliver projects - the very ones with the experience often lacking in the public sector - find it hard to move into senior roles in the public sector. A Senior Planner in a private firm seldom, if ever, moves into a Senior Planner role in a local authority. I am open to receiving an email confirming one case where this has taken place in circumstances where the private planner had no previous public sector experience (but 20 -30 years of private experience).

Roles in the public sector should not be subjected to gate keeping requirements of a minimum number of years in the public sector. Eminently qualified and experienced, high performance, private sector planners turn up to interviews for public sector roles to be asked why they have not worked in the public sector at all or for more years. This is as though the skills of a private sector planner are somehow less than those of a public sector planner (who may have never prepared and lodged a planning application, but has only ever worked on the manicured and packaged planning applications prepared by the private sector to meet the many requirements of validation and so on). 

Specialist planning barristers have normally never worked as a planning officer or inspector yet their opinions and views on planning are widely respected. Why is there less respect for private planners who often in fact have more experience and knowledge of Irish planning than such barristers?

There are many reasons for this, but, in the end, it comes down to distrust. The distrust between public planning officials and private sector planners often stems from differing incentives, perceived biases, and systemic issues in the planning process. While there’s no comprehensive study specifically addressing this dynamic in Ireland, insights from planning practices, stakeholder interactions, and related commentary provide a clear picture. Below, I outline the key reasons for this distrust, focusing on the Irish context where possible, and drawing on broader planning dynamics.

Public planning officials are tasked with safeguarding the public interest, balancing development with environmental, social, and community needs under frameworks like the Planning and Development Act 2000. Private sector planners, employed by developers or consultancies, prioritise their clients’ interests—often securing approvals for projects. This creates a perception among public officials that private planners may cherry-pick data or present overly optimistic assessments to favour project approval.
I have heard a public sector planners tell stories of how private sector planners are "wrong" in, for example, a section 5 application covering letter. They fail to see that the job of the private planner is to argue a client's case to the best of their ability. One would not expect a criminal defence team to set out both sides of the case. That a planner can set out both sides of the case is obvious, but, again, many public sector planners consider submissions from private planners to represent their personal opinion. Does every public sector planner consider every recommendation they have made in their career to align with their own opinion? No. Of course not. Both are working as planners for their respective employers.

Some public sector planners clearly believe that certain clients do not deserve representation. Further, I have been criticised in the past for representing given clients, yet criminal barristers working defence take on clients who are often later judged to have carried out heinous crimes. Has any Irish private planner ever represented a client of any equivalence to this? Should private planners be able ethically to turn down any client they dislike? Do prosecution teams dislike defence teams merely because of the clients they represent? Ethnically, both public and private planners must reasonably work on any planning case they are presented with. How many public sector planners have ever refused to assess a given planning application? Other than for reasons of conflict of interest, I am not sure there are any such cases.

Public officials often deal with planning applications of varying quality from private planners, which public officials may attribute to private planners cutting corners to meet client deadlines or budgets. In reality private sector planners can only present details and drawings provided to them by a client and their project team. Not every planning application can be gold plated. Not every project will be financed in a manner which allows the very best experts, architects, etc. to be involved. Further, not every private planning firm is the same; not all have the resources of the larger firms. Private planners are left to make their case with what they have. It is the role of the public sector planner to decide if this is or is not sufficient. It should not reflect well or badly on the private planner who is only doing their job.

Private planners often work under pressure to deliver outcomes for developers, which can lead to lobbying or attempts to influence planning decisions by those developers. Public planners, aware of this, often see the private sector planner on the team as being one and the same with the client developer. This is not the case. Private planners are tools being used by clients. They are consultants. That a project appears in a newspaper does not mean a private planner put if there or agrees - on a personal level - with that article.

I have had conversations with public sector planners where they have highlight concerns about developers exploiting regulatory gaps, yet the fact that these gaps often exist is not the fault of any Irish private planner. I have called for up to date wind and solar planning guidelines for some time yet they remain out of date or non-existent. Private planners are left to fill the gaps. Public planners see developers as enabled by private planners’ advocacy yet how else can many projects proceed in the absence of any guidance? This dynamic can create an adversarial relationship, with public planners viewing their private counterparts as prioritising profit over public good. Yet, again, private planners are normally working on a consultancy basis only to manage an increasingly complicated planning system.

Community consultation is critical in Irish planning, especially for contentious projects like wind farms. Public officials often find that private planners’ engagement with locals is superficial, designed to “tick boxes” rather than address concerns like visual blight or property impacts. At the same time, public sector planners may receive hundreds of objections to a planning application and still grant planning permission. Both public and private planners know when there are and are not genuine third party concerns arising.

Historically, planning in Ireland has seen public officials as gatekeepers of regulatory integrity, while private planners are seen as external actors with less accountability to long-term public outcomes. This divide is exacerbated when private planners, often better resourced, produce detailed but selectively framed reports that overwhelm understaffed public planning departments. While I sympathise with public sector planners that the scale of many planning applications are almost overwhelming, it is necessary to remember that these applications are normally prepared and presented by private sector planners who are just as overwhelmed but are constantly faced with validation issues, criticisms that some point has not received sufficient attention, etc. The fact is that both public and private planners are impacted by the growing complexity of planning applications in this country. I invite a public sector planner to try preparing a substitute consent planning application at this time. The guidance and the regulatory framework has constantly changed in recent years and continues to change.

Private planners’ submissions often lead to appeals or judicial reviews when rejected, as developers challenge public decisions. The high rate of appeals to An Coimisiún Pleanála, particularly for renewable projects, suggests public officials face pressure to make defensible decisions against well-funded private challenges. This adversarial process breeds distrust, as public officials perceive private planners as enabling litigation rather than fostering collaborative solutions. This is, in the end, the planning process. As with the courts, of course a decision made by a local authority to refuse a large planning application is likely to be appealed, as would a significant case first heard in the lower courts. It is merely a matter of process. It is however worth noting that private planners likely have far more experience in the totality of the planning process.

To address this, Ireland could:

Define the role of "planner" in legislation: This would, as with the term "architect" make clear that this is a protected and understood role and profession. This would make the skills and experience of a planner the focus and not years of local authority or public service.

Alter job description requirements: Local authorities and the Commission could alter the requirements applicable to job applicants to accept years as a private planner as equivalent to those as a public planner.

Revise the Development Management Guidelines: Revised guidelines could set out the roles of public and private sector planners in the development management process.

Training and Resources: There is a need to address the perception that exists around public and private sector planning experience being different when it is one and the same. Private sector planners seeking to enter the public sector should not be disadvantaged by perceptions.

In conclusion, work is needed to ensure that Irish planners - public and private - are deemed to both play critical roles in Irish planning. A planners skillset and experience should qualify him or her for any planning role if they are deemed suitable. There should be no gate keeping arising from 'years on the job' type recruitment in the public sector. We need the best planners to work hard delivering a critical service for this country. A decision to work in the private or public sector for part of a career should not prejudice whether one can then move into or out of public or private sector roles to suit the country's needs. The issues outlined above are all ones of perception. Irish Planning Institute conferences are for planners - the public/private divide is imagined. If I required surgery, I would want the best surgeon to operate regardless of whether they were primarily a private or a public sector surgeon.

Article compiled by BPS Planning & Development Consultants

Ireland needs updated wind farm planning application assessment guidance

 Following on from the previous article on the need for guidance assessing solar farm planning applications, it is necessary to point out - as noted at this week's Irish Planning Institute Autumn conference - that we we also need updated guidelines on wind farm development and on assessing such planning applications.

The current Wind Energy Development Guidelines, issued in 2006, are outdated and no longer fully address the evolving technological, environmental, community, and policy landscapes. Despite ongoing reviews since 2013 and draft revisions in 2019, final updated guidelines have not been published as of October 2025, missing multiple timelines including Q1 2025 set in the Climate Action Plan 2024. This delay exacerbates inconsistencies in planning decisions, hinders renewable energy targets, and fails to mitigate key concerns.

Below, I outline the primary reasons for this need, drawing on recent developments and stakeholder input.

Wind turbine technology has advanced significantly since 2006, with modern turbines often exceeding 150-200 meters in height—far taller than those envisioned in the original guidelines. The 2006 guidelines do not adequately account for these changes, leading to inadequate provisions on setback distances, noise limits, and shadow flicker. For example, permitted noise levels in Ireland are reportedly double those in Australia, prompting calls for stricter standards to protect residential amenities. The ongoing review aims to address these, but without finalized updates, planning authorities rely on ad-hoc interpretations, resulting in variable outcomes and increased appeals to An Coimisiún Pleanála (formerly An Bord Pleanála).

The absence of updated guidance contributes to fragmented decision-making across local authorities. In Q2 2025, only two wind farms (79 MW) were approved, while 76 MW were rejected and over 1,600 MW awaited decisions, highlighting inefficiencies. New regulations like the European Union (Planning and Development) (Renewable Energy) Regulations 2025 introduce mandatory timelines and scoping for Environmental Impact Assessments (EIAs) starting October 2025, but these are procedural and do not provide substantive criteria for assessments. Updated guidelines would standardize evaluations on site suitability, grid integration, and cumulative impacts, aligning with the Accelerating Renewable Electricity Taskforce (ARET) priorities for 2025/2026, which include issuing final guidelines to boost onshore wind deployment.

Wind farms can impact biodiversity, habitats, and scenic landscapes, particularly in sensitive areas like Natura 2000 sites. The 2006 guidelines lack robust requirements for modern environmental safeguards, such as detailed biodiversity net gain assessments or mitigation for bird and bat collisions. With Ireland targeting 9 GW of onshore wind by 2030 under the Climate Action Plan, updated guidance is essential to balance renewable goals with ecological protection. The review process emphasizes these aspects, but delays mean projects proceed under insufficient frameworks, risking legal challenges and environmental harm.

Community opposition has grown due to perceived over-saturation in rural areas, visual impacts, and inadequate consultation. Protests in 2024 called for "robust" new regulations, with the Taoiseach acknowledging outdated rules and the need for greater setbacks from homes. The draft 2019 revisions proposed enhanced community obligations, dividends, and early engagement, but without implementation, trust erodes. Updated guidelines could mandate benefit-sharing models and address "over-saturation" to foster acceptance, as recommended by Wind Energy Ireland and parliamentary questions.

Uncertainty deters investment, with developers facing unpredictable risks amid grid constraints and policy shifts. The National Planning Framework revision and the Planning and Development Act 2024 necessitate aligned guidelines to support Ireland's EU renewable targets and avoid penalties. Studies like "Protecting Consumers – Our Onshore Wind Energy Opportunity" highlight the potential for more onshore wind but stress the need for clear, updated planning frameworks to realize it.

The Department of Housing, Local Government and Heritage, in collaboration with the Department of the Environment, Climate and Communications, continues the review, with public consultation on drafts anticipated before finalization. Until updated guidelines are issued—potentially as a National Planning Statement under new legislation—planning assessments remain inconsistent and suboptimal. Prioritizing this would accelerate wind farm development toward 2030 goals while addressing stakeholder concerns, ensuring sustainable growth in renewable energy.

The growing need for guidelines for planners assessing solar farm planning applications

 Attending the Irish Planning Institute conference this week, I found myself listening to a Minister and an official who talked about blockages to delivery of projects of various kinds. 

One area where the government could address blockages is in providing guidelines for the proper assessment of various development types. For example, at present, solar utility development planning applications, commonly referred to as solar farms, are growing in number yet there is no statutory guidance available at all to Irish planning officials as regards the proper assessment of such proposals.

Ireland Needs Statutory Guidelines for Assessing Solar Farm Development Planning Applications. If one wants to understand why judicial reviews arise, it is due in many cases to failure to advise local communities in advance that such developments are even possible in their area(s). Development Plans do not indicate where such development is appropriate. Unzoned open fields suddenly become the site of large-scale proposals in a manner which is not plan-led. It is somewhat of a wild west or a gold rush with lands not previously ever deemed suitable for intensive development(s) now suddenly seemingly available in any rural area for these schemes. Every field in Ireland seems now rezoned for solar development. Is this the correct approach or should some fields be deemed more appropriate than others? Should some areas be wholly excluded? Should people purchasing homes in rural areas have the right to know in advance that a solar farm proposal may arrive at any time in lands surrounding their future home?

Ireland is at a critical juncture in its transition to renewable energy. With ambitious targets set under the Climate Action Plan to achieve 8GW of solar capacity by 2030, solar farms are increasingly seen as a vital component of the nation's energy mix. However, the rapid expansion of these projects has exposed significant gaps in the planning system. As of July 2025, there are still no specific planning guidelines for solar energy developments, leaving applications to be assessed on a case-by-case basis under the general provisions of the Planning and Development Act 2000. This absence of statutory guidelines leads to inconsistencies, delays, and conflicts that hinder progress toward net-zero goals while failing to adequately address environmental, community, and economic concerns. Below, I explore the key reasons why Ireland urgently needs dedicated statutory guidelines for solar farm planning applications.

Without standardised guidelines, planning authorities across Ireland apply varying criteria to solar farm applications, resulting in unpredictable outcomes. What might be approved in one county could be rejected in another due to differing interpretations of environmental impact, land use suitability, or visual amenity. For instance, the Irish Solar Energy Association (ISEA) has long highlighted the lack of national policies for solar PV on agricultural land, where decisions often hinge on subjective visual assessments or local development plans. This inconsistency not only prolongs the approval process but also increases costs for developers, who must navigate a maze of local preferences and appeals to An Bord Pleanála (now An Coimisiún Pleanála).

Recent updates, such as the European Union (Planning and Development) (Renewable Energy) Regulations 2025, introduce mandatory timelines for decisions—52 weeks for large-scale projects over 150kW and shorter periods for smaller ones—but these focus on procedural speed rather than substantive assessment criteria. Statutory guidelines would provide clear, uniform standards for site selection, such as prioritizing brownfield or low-grade agricultural land, thereby reducing appeals and accelerating deployment to meet EU renewable targets and avoid potential fines.

Solar farms, while low-carbon, can have substantial environmental footprints if not properly managed. Issues like habitat disruption, soil erosion, biodiversity loss, and flood risks from altered water runoff are common concerns. In Ireland's lush countryside, large arrays of panels can transform scenic landscapes, leading to opposition over visual blight. The SEAI's community toolkit notes that landscape and visual impacts, along with glint and glare effects on nearby roads or homes, are frequent reasons for refusal, particularly in sensitive areas near Natura 2000 sites.

Guidelines would likely mandate comprehensive assessments, such as Environmental Impact Assessment (EIA) scoping and promote best practices like agrivoltaics, where panels coexist with grazing or crop production to minimize land loss. Without these, poorly sited projects risk ecological harm, undermining the very sustainability goals solar energy aims to support.

Local communities frequently bear the brunt of solar farm developments, with worries about property devaluation, noise during construction, and changes to rural character fueling resistance. Dail discussions have highlighted concentrations of farms in areas like Cork due to grid availability, potentially "blighting" landscapes and affecting residents' quality of life. Early engagement is recommended, but without statutory mandates, consultations can be superficial or absent.

Statutory guidelines would enforce transparent community involvement, including benefit funds and mitigation strategies, as seen in wind energy codes of practice. This structured approach could build trust, reduce objections, and ensure equitable distribution of renewable benefits, fostering broader social acceptance essential for scaling up solar installation

Ireland's reliance on agriculture amplifies concerns over converting farmland to solar use. Deputies have raised alarms about losing arable land amid global food security challenges, with solar farms sometimes spanning hundreds of acres. The ISEA advocates for dual-use models, like sheep grazing under panels, but without guidelines, prime farmland is vulnerable to permanent change.

Dedicated guidelines could define land eligibility criteria, encouraging development on marginal soils while protecting high-value agricultural areas. This balance is crucial, as Ireland's solar surge—reaching 1.7GW installed by mid-2025—must not compromise food production.

The regulatory void creates uncertainty for investors, who face unpredictable planning risks and grid connection delays. While the 2025 regulations presume renewable projects serve the "overriding public interest," the lack of detailed assessment frameworks discourages funding. Clear guidelines on timelines, grid integration, and decommissioning would provide the stability needed to attract capital and achieve the 8GW target.

Grid constraints often cluster developments in certain regions, exacerbating local impacts. Guidelines could integrate spatial planning with grid capacity, optimizing locations and incorporating storage solutions.

Ireland's commitment to renewables is commendable, but the absence of statutory guidelines for solar farms risks derailing progress. As the Department scopes potential guidelines under the 2025 Programme for Government, swift action is essential to create a balanced, efficient framework. By addressing inconsistencies, protecting environments and communities, and boosting investment, such guidelines would ensure solar energy contributes effectively to a greener future without unnecessary conflicts.

‘Better quality’ planning decisions would mean fewer judicial reviews - Bar council chair

 The chair of the Bar council has hit back at criticism of rising numbers of planning judicial reviews, saying “better quality” decision-making by planning authorities would mean fewer reviews. Seán Guerin SC said the courts must apply the law and our laws, made by the people’s representatives, include some regulations imposing higher standards than those required under EU law. He was speaking amid claims by politicians, including Taoiseach Micheál Martin, Uisce Éireann, developers and others, that rising numbers of judicial reviews were contributing to delays in housing and other development. Some rules, whether they are based on European or domestic law, were very important for citizens, he said.

Read the full article @ The Irish Times

Impending changes in planning laws ‘more important’ than budget negotiations - Minister

 Changes due within weeks to the State’s planning laws to quicken the construction of large projects are “more important” than the spending talks with Cabinet ministers in advance of next week’s budget, the Minister for Public Expenditure Jack Chambers said, addressing a British-Irish Chamber of Commerce conference. Promising the most ambitious reforms “seen for decades”, the Minister said they would result in “peeling back a lot of the guidance, the public administration which is getting in the way of delivery”. “Ultimately, for me, making the case for reform is more important than the discussion that we have about who gets what next Tuesday in terms of Budget 2026,” Mr Chambers said. Narrow interests by individuals “are blocking broader social and economic objectives”, he said, while administrative hurdles faced by State planners and councils often do not “add value and only adds time and delays”.

Read the full article @ The Irish Times

Two consortiums will bid to build long-awaited MetroLink

 Two consortiums have confirmed they will bid to build the long-awaited MetroLink rail line, which was finally granted permission by An Coimisiún Pleanála on Thursday, three years after planning permission was sought. The 18.8km rail line, expected to cost more than €10 billion, was first proposed a quarter of a century ago and is anticipated to begin operations in the mid-2030s. Travelling mostly underground, the remote-controlled, driverless trains will run every three minutes from Swords in north Dublin to Charlemont, close to Ranelagh in South Dublin. The route will have 16 stops serving areas including Dublin Airport, Ballymun, Glasnevin, Phibsborough and the city centre. A trip from Swords to the city centre is expected to take about 25 minutes, while journeys from the airport to the city will take about 20 minutes.

Read the full article @ The Irish times 

MetroLink project given green light by An Coimisiún Pleanála

 Permission has been granted for Dublin's long-awaited MetroLink project linking the city centre to the airport. An Coimisiún Pleanála published the Railway order this morning which gives construction for the MetroLink Project the green light. The MetroLink plan consists of a new 18.8km railway line, most of which will be underground, from Charlemont near Dublin city centre to Swords Estuary in the north of the county. The project was first mooted in the year 2000, but it was shelved during the financial crisis.

Read the full article @ www.rte.ie