Contact
Expertise
On the 9th October 2024 the Planning and Development Bill 2023 (“the Bill”) was passed by the Oireachtas and the President signed the Bill into law on the 17th October 2024. The Planning and Development Act 2024 (“the Act”) is enacted.
The review process of the Planning and Development Act 2000 (as amended) began in 2021 with the draft Planning and Development Bill being published in January 2023. The Bill proper was published in November 2023 after significant pre-legislative scrutiny. There has been a substantial number of amendments made since the draft Planning and Development Bill was first published.
Some of the changes being introduced under the Bill are as follows:
- A reorganisation of An Bord Pleanála and the name of An Bord Pleanála being changed to An Coimisiún Pleanála or the Commission.
- Mandatory timelines for decisions to be made with penalties being introduced where the planning authority and An Coimisiún Pleanála fail to comply with the timelines.
- A prohibition on requesting payment for not opposing development.
- Section 5 declarations reform. Only the owner or occupier of the land or a person with their consent may apply for such declarations.
- Reform of planning Judicial Review to include the ability for Residents’ Associations to make an application for judicial review, provided they meet specific requirements which includes being in existence for one year.
The Act is expected to be commenced in stages with secondary legislation required for a majority of the Act. The provisions in the current Planning and Development Act 2000 (as amended) will remain in place until the relevant provisions in the Act are commenced. The Government intends to publish a plan for the commencement of the new Act and a programme of communication.
