Key Contacts: Alison Hardiman – Consultant | Alice Whittaker – Partner |Rachel Minch – Partner
As noted in our previous article on the new Planning and Development Act 2024, the 2024 Act introduces National Planning Statements (NPSs), a concept borrowed from the UK to replace existing section 28 Ministerial Guidelines. These Statements could significantly enhance Ireland’s planning framework if strategically implemented.
Legislative Provision
The 2024 Act provides for NPSs under Part 3, Chapter 3 (sections 25-27), with commencement expected in Q2 2025. Section 25(1) defines NPSs as comprising:
(a) national policies and measures on planning matters to support proper planning and sustainable development (National Planning Policies and Measures);
(b) guidance as to the implementation of National Planning Policies and Measures (National Planning Policy Guidance).
NPSs will be published, presented to the Houses of the Oireachtas, and distributed to planning authorities, regional assemblies, the Planning Regulator, the Commission, the Environmental Protection Agency, and the Maritime Area Regulatory Authority.
Section 27 indicates NPSs will replace section 28 Ministerial Guidelines, with existing guidelines remaining in force until revoked or superseded by conflicting NPSs.
The UK Precedent
In the UK, National Policy Statements were introduced under the Planning Act 2008 to inform decisions on Nationally Significant Infrastructure Projects in energy, transport, water, waste water, and waste sectors.
The UK system requires parliamentary approval for each NPS, following public consultation and Strategic Environmental Assessment (SEA). This process aims to create transparency and minimize legal challenges. The Statements provide a clear policy framework for decision-making, setting out national policy determined by the National Infrastructure Directorate.
The UK NPSs include:
The aim of the NPSs in the UK is to provide transparency in the decision-making process. The text at the start of EN-1 stated the aim of a rapid, predictable and accountable planning system made transparent by its grounding in the NPS. It essentially set out national policy decided on by the National Infrastructure Directorate (NID) following public consultation and environmental assessment. As is evident from the links provided, the policies are direct and specific.
Potential for Ireland: Energy Sector Example
Within the energy sector, there are difficult planning decisions required in order to facilitate an agreed way forward. The draft policy decision on Large Energy Users (see Niall Donnelly’s excellent commentary) requires deeper consideration in the overarching planning context. There needs to be closer alignment between planning and grid connection and grid infrastructure delivery. Further, there are wider interrelationships between energy infrastructure, forestry, agriculture and former industrially-harvested peatland, and related land-use changes, that could be carefully considered within an overarching NPS.
With complex interactions between bodies like CRU, EirGrid, ESB, NPWS, and various Government Departments, overarching clarity and certainty is urgently needed to guide investment and decision-making. This need is heightened by requirements to implement the Renewable Energy Directive (RED III), the EU Nature Restoration Regulation, and Land Use, Land Use Change and Forestry Regulation, and a myriad other legal instruments requiring joined-up thinking and implementation.
The Government has indicated an intention to issue revised Wind Energy Development Guidelines as an NPS. While such Guidelines are long-awaited and badly-needed, focusing solely on wind farm planning in the absence of an overarching energy NPS and to the exclusion of other critical energy and renewable infrastructure, all of which requires joined-up thinking, would be a missed opportunity. Drawing from UK experience, comprehensive sectoral Statements would provide far greater certainty for the public, decision-makers, developers and investors.
Developing an Effective NPS Framework
The upcoming Planning and Development Regulations 2025 could shape the future of NPSs in Ireland by:
- Clarifying their position in the planning hierarchy and binding status,
- Defining their status under the SEA Directive, and
- Limiting their number while expanding their reach, to ensure strategic, overarching coverage with regular review.
A well-structured NPS framework could effectively direct policy on strategically important issues in key sectors like energy, water, waste, transport, and housing, while clarifying the pathway for DPER’s Infrastructure Division under the Programme for Government 2025.
Comprehensively implemented, National Policy Statements could become a valuable component of Ireland’s planning system.
