- within Environment, Transport and Real Estate and Construction topic(s)
- with Inhouse Counsel
The Accelerating Infrastructure Report and Action Plan (the Report), marks a watershed moment in Ireland's approach to infrastructure delivery, presenting a comprehensive package of reforms designed to unlock the country's record €102.4 billion capital investment commitment for 2026–2030.
The Report recognises the major issues that exist in respect of infrastructure delivery in Ireland and provides a framework to improve these issues in both the near and medium terms. In this regard, key points to highlight in the immediate term are;
- the enactment of a statutory framework that empowers the government to designate and fast-track infrastructure projects that are identified as being of critical importance, including robust emergency powers,
and in the medium to longer term;
- the proposed overhaul of the judicial review system, including introducing stricter standing requirements, cost controls, and codified procedures to reduce litigation delays; and
- the reform of departmental consenting processes, through the establishment of a Regulatory Simplification Unit and streamlined approval mechanisms, aims to shorten development timelines and improve coordination across agencies. Together, these measures signal a decisive shift towards a more predictable, efficient, and investor-friendly environment for major infrastructure projects in Ireland.
"A Pivotal Moment in Ireland's Infrastructure Journey"
The Report comes at a time when two of Ireland's landmark infrastructure developments are stalled due to judicial review. The Greater Dublin Drainage project, which first received planning permission in 2019, is currently stalled for a second time due to the most recent judicial review lodged in September 2025. Progression of the long-awaited revised Metrolink was again stunted last week after a last-minute objection from a small number of local residents, following the quashing of the original plans in 2018 as a result of public opposition.
These issues with delay persist at a time when the National Development Plan Review 2025 has dedicated a record level of voted capital investment, €102.4 billion, for the years 2026-2030 and risk undermining this unprecedented capital commitment to Ireland's future.
This record level of investment in the critical infrastructure of electricity network, water and transport is essential to ameliorate Ireland's current deficits and safeguard its future. 17GW more renewable electricity generation is required to reach the Climate Action Plan targets of 80% electricity coming from renewable sources by 2030, while EirGrid predict 3% growth in year-on-year electricity demand throughout the next 10 years. By 2030, it is also expected that an additional 300,000 new houses across Ireland will require connection to the water and wastewater services supply network. Ireland already significantly lags behind other income equivalent European countries in terms of the real net capital stock per person in terms of transport, with this deficit set to further exacerbate given Ireland's population trajectory, which is predicted to increase by one third on 2015 levels by 2035.
Beyond the issues caused by the inordinately high levels of judicial review in this jurisdiction, a number of interconnected barriers to effective infrastructure delivery in Ireland are identified by the Report, such as excessively rigid procurement processes, increasing regulatory burdens, uncertainty as to project pipeline, construction sector capacity, insufficient co-ordination of semi-state approvals and government priorities, and a culture of risk aversion and public unacceptance.
The Report outlines an integrated package of 30 time-bound actions which "go to the edge of what is legally and constitutionally possible". The actions look to deregulate, bureaucratically simplify and instigate the procedural and cultural changes necessary to alleviate Ireland's current systemic planning and approval process deficiencies, which are currently amongst the slowest in the EU.
These actions fall under four key pillars and are detailed below.
Pillar 1: Legal Reform
Government is planning a fundamental overhaul of the judicial review system to accelerate the delivery of critical infrastructure.
Action 1: Reform Judicial Review
Commencement of new standing requirements for applicants under the PDA and an examination of the appropriateness of a "no foal no fee" structure looks to limit the levels of judicial review actions undertaken.
The introduction of secondary legislation to implement a scale of fees as per Part 9 of the Planning and Development Act (PDA) 2024 and consideration of cost capping under comparative UK models aim to reduce litigation costs for the State and applicants.
Action 2: Enact Legislation to Accelerate Critical Infrastructure and Provide for Emergency Powers
A statutory framework that allows Government to designate certain works of strategic importance will be established with a system of designation by order, followed by publication of legislation granting Government statutory power to designate such projects.
Further legislation will follow to create fast-track pathways for key projects and create a robust emergency powers framework to meaningfully accelerate the delivery of critical infrastructure projects.
Action 3: Targeted Legislative Reforms
Government proposes to introduce a series of legislative reforms to streamline development of infrastructure by applying planning processes of the Planning and Development Act 2024 to transport projects, transferring all compulsory purchase order (CPO) approvals to An Coimisiún Pleanála, and strengthening limits on judicial reviews.
Action 4: Environmental Assessment Reform to Environmental Assessment in Parallel with EU Simplification Agenda
Proposed reforms to the environmental assessments applied to critical infrastructure will introduce clearer rules and guidance for shorter, more focused environmental impact assessments (EIA) and appropriate assessments (AA).
Thresholds will be increased for triggering EIA assessments, particularly for expansions and extensions of existing facilities, and unnecessary AA screening requirements for minor works will be removed.
Action 5: Increase Exemption Thresholds for Critical Infrastructure
Expanding exemption thresholds for existing facilities for critical infrastructure, that will not require planning permission, will look to quickly unlock urgently needed capacity in electricity, energy, and water connections facilities.
Action 6: Respond Rapidly to Precedent
A system will be set up to monitor court rulings that could affect infrastructure delivery. Departments, Agencies and State companies must monitor and report substantive court decisions to the Senior Officials Group on Infrastructure. Once identified, these precedents will be reviewed and options to address these will be presented to the Cabinet Committee on Infrastructure.
Action 7: Enact Civil Reform Bill to Legislate for Judicial Reviews
Codification of judicial review procedures would give the Government more control over when judicial review can be utilised and could limit judicial reviews to the ultimate planning decision underpinning a decision, instead of allowing separate challenges to licences, consents and planning conditions.
Pillar 2: Planning & Regulatory Simplification
With the assistance of a new Regulatory Simplification Unit and introduction of National Planning Statements, Government aims to streamline the planning and regulatory framework and shorten approval timelines for critical projects.
Action 8: Develop and Publish National Planning Statement(s) for Critical Infrastructure
The Planning and Development Act 2024 introduces National Planning Statements (NPSs) which will set out Government priorities for critical infrastructure and promote robust decision-making, replacing previously issued Ministerial Guidelines and directives.
Action 9: Establish a Regulatory Simplification Unit
A new Regulatory Simplification Unit will streamline overlapping processes and frameworks to ensure all agencies involved in the consenting stages for infrastructure are aligned with government and societal needs for infrastructure delivery.
Action 10: Rationalise Legislation Underpinning Regulatory Processes
Minor legislative amendments to shorten development timelines, combined with a more thorough "look back" exercise to identify and apply potential flexibilities within EU legislation aim to streamline processes and accelerate infrastructure delivery. Reforms will focus on key agencies such as the Maritime Area Regulatory Authority (MARA), the Environmental Protection Agency (EPA), the National Parks and Wildlife Service (NPWS) and the Commission for Regulation of Utilities (CRU). "Quick wins" include changes such as allowing Local Authorities to handle planning applications for electricity distribution projects instead of An Coimisiún Pleanála.
Action 11: Reform Processes Applied to Critical Infrastructure Within Agencies/Regulators
The plan to introduce reforms to standardise processes of all bodies involved in the licensing and consenting of critical infrastructure is to improve coordination without compromising independence. Key measures include co-operation between agencies, ensuring that all processes are proportionate, have fixed timelines, published guidelines and are conducted in parallel where feasible.
Action 12: Implement Early Warning System re EU Legislative Change on Critical Infrastructure
To avoid transpositions in one sector that have unintended outcomes in another, a new mechanism will require departments to identify and notify the Department of the Taoiseach and DPER of upcoming EU legislative changes and assess their impact on delivery of critical infrastructure.
Action 13: Advocate for New Approach to EU Legislation on Critical Infrastructure
The Department of Foreign Affairs and Trade, supported by the Attorney General, will work with other common law countries and engage with the EU Commission to ensure that future EU legislation considers its impact on Ireland and other common law jurisdictions.
Action 14: Advise on Alternative Methods of Transposing EU Legislation
As a common law jurisdiction, Irish courts are often asked to rule on whether a regulatory agency's interpretation of EU Directives transposed into Irish legislation has been appropriate. The Attorney General will examine reforms and consider whether Ireland should choose to be more prescriptive in its transposition of EU directives in infrastructure related areas.
Action 15: Enable Developer-led Infrastructure Progress
Given the scale of infrastructure development required in Ireland, Government plans to allow developers to participate in the delivery in limited circumstances, an example being standalone wastewater treatment plants. There would be involvement from Uisce Éireann through design and commissioning to ensure delivery in compliance with national standards with eventual ownership.
Action 16: Review the Role and Functions of the Office of the Planning Regulator and Drive Performance in the Planning System, including Consistency in Decision-Making Review
Government will review the role of the Office of the Planning Regulator (OPR) to ensure it prioritises housing and critical infrastructure delivery. Measures include new staff training, best-practice frameworks, and performance monitoring to improve consistency in planning decisions. A National Planning Excellence Framework will drive innovation and highlight areas for improvement. Additionally, a National Infrastructure Database using GIS and digital tools will integrate planning, infrastructure, and environmental data, enabling more accurate and timely investment decisions.
Pillar 3: Co-ordination and Delivery Reform
Government is looking to enhance overall project delivery by strengthening strategic coordination, providing clear investment pipelines, increasing construction sector capacity and stimulating greater competition.
Action 17: Target Investment at Priority Sectors through NDP Review
Additional State Investment to the record €102.4billion allocated under the National Development Plan Review 2025 across 2026-2030 will focus on priority sectors of electricity, water and transport.
Action 18: Publish Sectoral Investment Plans to Promote Project Pipelines
Sectoral investment plans prepared Ministerially will give provide visibility of Government investment plans to allow the construction industry to prepare adequately to meet the plans. Clearer project pipelines will allow for more synchronized delivery of essential infrastructure.
Action 19: Enhance Infrastructure Coordination Function in DPER
The DPER have been assigned a central role in infrastructure delivery and will monitor and coordinate the progress of critical infrastructure projects across sectors, ensuring alignment between planning, funding and delivery.
Action 20: Introduce Risk Appetite Statements
Departments and Agencies will publish clear, proportionate risk appetite statements for critical infrastructure decisions which can support a higher appetite for critical infrastructure. 100% of these bodies are targeted to have approved risk appetite statements by Q4 2026.
Action 21: Improve Utility Coordination at National and Local Level
A new Joint Utilities and Transport Clearing House will be established to improve coordination between providers of critical infrastructure and depart from bespoke arrangements towards more consistent models that support shared processes and stronger collaboration across agencies. Structured engagement will be overseen by the Joint Utilities and Transport Clearing House, which will ensure a programme of meetings between designated officials in the local authorities and national utilities.
Action 22: Increase Construction Sector Capacity and Productivity
The actions of the construction industry capability group will be fast-tracked with a focus on driving capacity and productivity within the sector. The development of critical skills will be prioritised and the processes surrounding global recruitment, such as visas and work permits, will be streamlined to expand capacity. The capacity and output of vocational and higher education institutions will be expanded to increase apprentices and graduates.
Action 23: Accelerate Projects through Consenting Processes
The Infrastructure Guidelines and project approval processes in the water and transport sectors will be streamlined to speed up the progression of projects. Amendments to the Infrastructure Guidelines include:
- Increase thresholds from €200m to €500m for sectors with a well-established and proven track record of delivery.
- Replace External Assurance Process with a streamlined and time-bound internal review by DPER.
- Introduce administrative guidance for Preliminary Business Case preparation and mandate a maximum length.
- Allow accounting officers to approve projects at Approval Gate 2.
Action 24: Provide Expert Assistance for Key Infrastructure
A centralised support is being put in place wherein the National Development Finance Agency (NDFA) will provide expert assistance for major projects through the Infrastructure Guidelines and Government approvals process, intended to create a shift from risk aversion to delivery-focused culture in public bodies.
Action 25: Reform Procurement Processes
DPER is actively supporting the reform of European Procurement Regulations to introduce greater flexibilities that will achieve greater value for money and speed up infrastructure delivery.
Of note in this regard is the objective to use internationally recognised forms of contract, in the hope of increasing the number of international contractors participating in Irish projects. Amendments to the Capital Works Management Framework have been introduced to increase flexibility including price variation, limitation of liability, and indexation for inflation. A Digital Suitability Assessment Questionnaire is also being launched to reduce the administration burden on construction companies submitting tenders.
Action 26: Apply AI and Digital Tools to Support Infrastructure Rollout
Artificial Intelligence and advanced digital tools will be adopted to provide data insights that improve coordination and accelerate infrastructure development, such as at the design stage to identify future infrastructure needs on the basis of population and economic activity forecasts.
Pillar 4: Public Acceptance
Government will look to build greater public acceptance of critical infrastructure by implementation of a number of measures.
Action 27: Create a Duty for State Bodies to Cooperate in Making Land Available and Accessible for Critical Infrastructure
Accelerating the identification and transfer of suitable state-owned land for the development of critical infrastructure will save time and resources while also reducing delays and dependency associated with private negotiations and compulsory acquisition. A public audit of zoned, serviced and unzoned land, that can incorporate key infrastructure and utility datasets, is targeted for Q2 2026.
Action 28: Build Leadership Support for Critical Infrastructure Projects at National and Local Levels
Increased public engagement will look to enhance leadership support for critical infrastructure projects at national and local levels, and will include targeted briefings to political leaders and senior officials to highlight the scale, urgency and necessity of infrastructure investment including the cost of delay.
Action 29: Enhance Government Communication to Promote the Importance of Infrastructure Delivery
Measures will be implemented to raise public awareness of the tangible benefits of infrastructure in everyday life, coordinate cross-government engagement and support stakeholder advocacy and political sponsorship. The promotion of the social value of infrastructure in an evidence-based manner is intended to reduce objections and delays linked to public misunderstanding.
Action 30: Establish a Benefits Realisation Framework for Infrastructure Projects
A Benefits Realisation Framework will be developed to identify and measure the societal benefits of infrastructure, allowing the societal value to be attached to infrastructure projects to aid communication and improve understanding of the benefits of infrastructure in the hopes of fostering a culture that prioritises timely infrastructure delivery.
Next Steps
The above time-bound actions will be implemented across 2026, with the majority targeted for completion in Q1 and Q2.
The Accelerating Infrastructure Taskforce will remain assembled and review the performance of the action report on a regular basis in line with the agreed actions and KPIs.
The Report is available to view in full here.
Contributed by
Matthew Smith, Emma-Louise Nolan, Charley Moore
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.