An Coimisiún Pleanála

The First Governing Board

Michael Furminger BL is speaking on the Planning and Development Act 2024 at the Law Conference of the Irish Planning Institute in Dublin on 5 December 2024.

“The Minister for Housing, Local Government and Heritage is inviting applications from suitably qualified candidates to fill the roles of Chairperson and Ordinary Member to the Governing Board of An Coimisiún Pleanála.” (14 November 2024)

“The Commission shall have a board...” (s497(1) Planning and Development Act 2024, “the new Act”) (“the Board”)

It is beyond the scope of this post to set out fully the structure of the Commission, rather its purpose is to;

• note the significance of this invitation for applications, part of the incoming tide of the new Act

• outline the place of the Board in the structure of the Commission

References to section numbers are to those of the new Act.

Background

It has long been trailed that the new Act provides for a reformed organisational structure for the Commission. The fundamental change is a separation of planning decision-making from corporate/organisational functions.

The Bill's Explanatory Memorandum of November 2023 (“the Memorandum”) stated that “the principal objective of this Part [of the Bill] is to ensure that the Commission's decisions are made with independence, impartiality and integrity.” (p100) This “follows” the OPR's Phase 1 October 2022 Review of An Bord Pleanála's operations and the subsequent Ministerial Action Plan. To this extent, the provisions of the new Act dealing with the Board are a response to the crisis which enveloped An Bord Pleanála in 2022.

At present within An Bord Pleanála, one body both makes planning decisions on applications, appeals, referrals etc and manages the organisation. When Part 17 of the new Act is commenced, the Board will be responsible for 'managing' (see below) and the Commissioners will be responsible for planning decisions. The separation is strict; “a Planning Commissioner shall not be appointed to the Governing Board.” (s498(7)

Part 17 “constitutes significant substantive changes to the structure of [An Bord Pleanála]” (the Memorandum, p101)

During the final Dáil stage of the Bill, Eoin Ó Broin, Sinn Féin's Housing Spokesman, made clear that if Sinn Féin forms part of the next Government (however unlikely) large (unspecified) parts of the Act will be repealed (see my post of 9 October 2024). Even in the midst of a General Election campaign, the Minister clearly has sufficient confidence in the success of 'Planning Act parties' to have issued this invitation to apply.

The Structure

The new Act provides for a Board (s497) appointed by the Minister (s498(1)) to manage the Commission and appoint a CEO (s500(1)) who shall take all practical steps to support the Commissioners in making planning decisions “efficiently and expeditiously” (s500(12)).

More fully, by s497(3) the Board shall;

• review and guide the strategic direction of the Commission

• review and oversee the implementation of major plans of action, risk management policies and procedures, annual budgets and business plans of the Commission

• set the performance objectives of the Commission and monitor their attainment

• approve and oversee significant capital expenditure by, and investment decision of, the Commission

The Board will comprise between five and nine members (including a Chairperson) (s497(6)) with a quorum of three (s499(4)).

The invitation to apply refers to nine vacancies, including a Chairperson, but it is possible, therefore, that the first Board will comprise less than a 'full complement' of nine members.

An initial appointment of five years may be extended for one further five year term (s498(8 - 10)).

The Minister may, prior to the commencement of section 495 (which provides for the continuance of An Bord Pleanála but as the Commission) designate persons to be first members of the Board with one of their number the fist Chairperson (s498(5/6)). This is the process which has now been commenced.

The Role

The invitation to apply is being managed by the Public Appointments Service, known as “publicjobs”, which has produced a Candidate Information Booklet (“the Booklet”) for the role.