Judicial Reviews in Planning Decline After New Legal Fee Caps
Judicial review applications in planning are declining, with 51 new actions in the first half of 2026, down from previous years. This follows new legal fee caps under the Planning and Development Act, enacted October 17th, 2024, which Sean O’Driscoll says signals a turning point.
Judicial review applications in planning have decreased, according to An Coimisiún Pleanála figures, despite new laws capping litigant legal fees only taking effect six weeks ago. Sean O’Driscoll, chairman of the Government’s accelerating infrastructure taskforce, believes the tide has turned.
Since 2020, An Coimisiún Pleanála and its predecessor, An Bord Pleanála, have faced 719 High Court judicial review applications. Minister for Public Expenditure Jack Chambers, who appointed O’Driscoll, previously warned that unchecked judicial reviews could overwhelm the courts and hinder infrastructure development.
Judicial reviews saw 89 cases in 2020, 99 in 2021, 98 in 2022, and 93 in 2023. The number escalated to 147 in 2024 and 143 in 2025, though the rate slowed in the latter half of 2025. Specifically, 85 new reviews were initiated from January to June 2025, compared to 58 from July to December 2025.
The first six months of 2026 saw 51 new actions, a decrease from 88 in 2025 and 75 in 2024. The caps on legal fees, applicable to Aarhus Convention proceedings, were part of the Planning and Development Act, signed into law on October 17th, 2024, but took 19 months to implement.