The Planning and Development (Amendment) Bill has officially came into effect as of today (August 1).
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.
Minister for Housing, Local Government and Heritage, James Browne TD, and Minister of State with responsibility for Planning and Local Government, John Cummins TD, have both acknowledged the bill.
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."
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."
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.
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