The Government is planning new laws to stop local groups and environmental organisations challenging controversial developments in court.

Under the planned changes, groups would have to be in existence for at least three years, have at least 100 signed-up members, be personally and substantially affected by a development, and able to shoulder potentially wipe-out costs before they would be able to take a case.

Internal documents from Housing Minister Eoghan Murphy's office say they are a response to "the significant increase in the number of judicial review challenges against planning decisions in recent years" and the subsequent delays they caused.

They say the changes are needed to prevent hold-ups to the €116bn package of capital projects planned up to 2027.

"In light of the level of proposed investment under the National Development Plan, it is considered that there is a need to safeguard the timely delivery of projects and value for public money while simultaneously maintaining the rights of citizens to challenge decisions that do not comply with EU environmental law and in accordance with UN access to justice requirements," they say.

Environmental groups have reacted with shock to the proposals - which they say would effectively deny ordinary citizens, community groups and NGOs the chance of ever taking a court challenge.

"It's not just restricting access to justice - it would annihilate it," said Attracta Uí Bhroin, of the Irish Environmental Network.

The changes, if passed, would make it impossible for newly formed campaign groups to seek judicial review of planning decisions affecting their locality, and extremely difficult for national groups to seek reviews on their behalf.

Ms Uí Bhroin said it was outrageous given the laws of recent years allowing major capital projects and large housing developments to go directly to An Bord Pleanála for approval so that there was no means of appealing them except by judicial review.

Individuals directly affected could take cases in their own name but Tony Lowes, of Friends of the Irish Environment (FOIE), said it was unfair to expect someone to put themselves at that kind of risk.

"We're shell-shocked. Clearly the Government sees us as nothing but impediments but most of our cases have been about making regulatory bodies act according to the law and pushing the Government to live up to its responsibilities under European directives."

FOIE is involved in the case that has stalled the Shannon LNG project, it won a significant case recently requiring the State to better protect peatlands and it achieved a landmark statement from the High Court last year that access to a healthy environment was a human right.

The plans emerged on the same day the State was slapped with a €5m fine over repeated environmental failures in relation to the Derrybrien windfarm and related landslides. The minister has been asked for comment.

Irish Independent