Commencement of Planning and Development (Amendment) Act 2025 to maximise potential of existing planning permissions
- Foilsithe:
- An t-eolas is déanaí:
Change acknowledged by Ministers Browne and Cummins
As of today, 1 August, the Planning and Development (Amendment) Bill has officially come into operation, a development acknowledged by Minister for Housing, Local Government and Heritage, James Browne TD, and Minister of State with responsibility for Planning and Local Government, John Cummins TD.
The changes will maximise the use of existing planning permissions and prevent delays caused by legal challenges from hindering housing delivery.
Key changes under the new law include:
- Extension of planning permissions for un-commenced housing developments nearing the end of their duration – this will allow a renewed opportunity to activate sites and begin construction.
- Time spent in judicial review proceedings will not be counted as part of the life of a planning permission, and can apply retrospectively to existing permissions which were or are subject to judicial review – this prevents permissions from expiring due to legal delays.
Currently, there are over 40,000 un-commenced residential units on 265 wholly inactive development sites within Dublin. Of these, it is estimated that permissions for around 15,000 are due to expire within the next two years.
Furthermore, just under 19,000 units over 52 sites have been subject to Judicial Review over the last five years. Of these, almost 15,800 units have been permitted but the duration of the permission has been eroded due to the review proceedings. A further 3,000 units remain in Judicial Review.
Minister Browne emphasised:
“Previous rules only allowed planning permission extensions for developments that have already started with substantial works carried out. The new law has changed this.
“By allowing those with permissions for housing development to apply on a temporary basis for an extension before starting construction, we’re tackling a key problem of permissions lapsing simply because there isn’t enough time left to begin and finish the project. This change gives developers the flexibility they need to deliver housing without unnecessary setbacks.
“This Government’s top priority is to get homes built faster for people who need them. By extending planning permissions for un-commenced housing projects and ensuring judicial review delays don’t count against the permission clock, we are unlocking the construction of thousands of homes across Ireland.”
Minister Cummins added:
“We have made an important and practical decision to ensure sufficient time is given to activate planning permissions for much needed housing across our country.
“Significantly holders of permissions that have been held up in judicial reviews or are currently subject to a judicial review can apply to a planning authority for a retrospective suspension of the permission for the period of the review.
“This step gives certainty to developers and their funders, helping housing projects—especially apartment schemes—reach completion without being delayed or cancelled due to time limits.
“It’s part of our wider effort to reform the planning system and ensure it works better for all stakeholders who wish to deliver homes for individuals and families nationwide.”
ENDS
Note to editor:
Extensions of duration of permissions for un-commenced housing development
Under section 42(1A) of the Act of 2000 (as amended by section 28 of the Planning and Development (Amendment) Act 2025 (Act of 2025), where a housing development has not commenced, a planning authority can extend the duration of the development’s planning permission by an additional period (not exceeding three years) considered necessary to enable the development to be completed.
Applications under this new provision will only be permitted during a limited period, and must be made:
- before, but not earlier than two years before, the expiry of the permission, and
- not later than six months after the commencement of section 28 of the Act of 2025 (i.e. from 1 August 2025).
Any extension granted will cease to have effect if the development has not commenced within 18 months of section 28 of the Act of 2025 coming into operation (i.e. 1 August 2025). To extend a permission, the planning authority must be satisfied that the development will be completed within a reasonable time.
The Planning and Development (Extension of Duration – Planning and Development Act 2000) Regulations 2025 amend Chapter 3 of Part 4 of the Planning and Development Regulations 2001 (Planning Regulations) with effect from 2 August 2025 to provide for the necessary procedures and requirements as will apply to applications for extensions of duration of un-commenced housing development under section 42(1A) or further extensions under section 42(4A) for these developments.
Suspension of running of duration of permission during judicial review proceedings
Section 180 of the Planning and Development Act 2024 (Act of 2024) allows the duration of a planning permission under that Act to be “paused” where it is subject to judicial review proceedings. Section 180 also sets out the arrangements for such a pause in permission, including notification arrangements.
Notices under section 180(1) of the Act of 2024 may be given in writing to, –
- where the permission relates primarily to land, the relevant planning authority, or
- where the permission relates primarily to a maritime site, the Maritime Area Regulatory Authority.
Amendments introduced by section 16 of the Act of 2025 have extended the application of Section 180 to permissions or approvals granted under that Act of 2000 or a strategic housing development (SHD) permission under the Planning and Development (Housing) and Residential Tenancies Act 2016, subject to judicial reviews under Act of 2000.
Retrospective applications may also be made in respect of active planning permissions to have the time spent in judicial review, which has since concluded, to be discounted from the life of the permission. This is provided that the applicant declares that development did not substantially commence (which excludes works for the maintenance, security or protection of the development site) while the judicial review was ongoing.