The Planning and Development Act 2024 (2024 Act) represents an overhaul of Ireland's planning system.
It was signed into law on 17 October 2024, and except for certain discrete aspects, the majority of the 2024 Act is not yet in force. We understand that commencement orders to bring the various provisions of the 2024 Act into force will be signed over the coming 18 months. The Government has now begun the process of commencing the various parts of the 2024 Act and, therefore, this is a good time to consider the main provisions of the 2024 Act and where we are in terms of the roadmap to the commencement of the 2024 Act.
The proposals for the commencement of the 2024 Act have been tweaked by the Government on a number of occasions since the 2024 Act was signed into law, so it is not possible to predict exactly when the various blocks will be commenced. For instance, the commencement of the new Judicial Review provisions of the 2024 Act have now been given priority, when it was originally envisaged that these provisions would be included in one of the final "blocks" of the 2024 Act to be commenced.
Some of the government's main aims in introducing the 2024 Act were to:
- Consolidate existing legislation;
- Ensure a functional and well-resourced planning system;
- Provide for a "plan-led" as opposed to "decision-led" approach to planning, which will hopefully provide more predictable outcomes in planning decision-making;
- Strike a balance between providing legal certainty for developers while protecting the environment.
The 2024 Act is the third-largest piece of legislation in the history of the State. We expect there will be a lengthy transitional phase when parts of the existing Planning and Development Act 2000 (as amended) (2000 Act) and parts of the 2024 Act will apply simultaneously.
The Department of Housing, Local Government and Heritage (Department) previously published an Implementation Plan outlining a four-block phased commencement strategy. It indicated that the provisions of the 2024 Act would be commenced as follows:
- The first "block" of provisions in Q2 2025. Parts of this "block" have recently been commenced, including the establishment of An Coimisiún Pleanála, the entity which has replaced An Bord Pleanála. The new Judicial Review procedures will be commenced under this block;
- The second "block" in mid-2025 dealing with matters such as plans (including Development Plans) and planning guidelines. The remaining sections of the 2024 Act relating to Urban Development Zones should be commenced under this block. Certain sections of the 2024 Act relating to Urban Development Zones have recently been commenced;
- The third and fourth "blocks", which will commence the remaining provisions of the 2024 Act (including consenting procedures), will follow in two further commencement phases. Further details on the timing of these commencements will be confirmed as progress continues.
In this first instalment of our new series examining the 2024 Act, we briefly outline some of the key reforms.
Snapshot of Key Reforms
1) Establishment of An Coimisiún Pleanála
An Bord Pleanála (Board) has been restructured and renamed An Coimisiún Pleanála (Commission) as of 18 June 2025.
The governance and decision-making arms of the Board have been separated.
A governing board is responsible for the Commission's corporate governance and oversees performance, resourcing, etc. The governing Board is chaired by former HSE CEO, Paul Reid.
To improve transparency and efficiency, Planning Commissioners (not the governing board) will carry out the planning decision-making functions of the Commission. The role of Chair of An Bord Pleanála has become the CEO of the Commission. Notably, the CEO of the Commission will not have a role in planning decision-making. Former Board Chairperson, Peter Mullan, has become CEO of the Commission.
2) Consent Procedures
The 2024 Act alters the existing procedure for obtaining development consent, setting out four different categories of development consent:
- Standard Developments
- Chapter 4 Developments (applications directly to the Commission)
- Revocations, alterations and extensions of existing permissions
- Local Authority and State Authority Development
This article will focus on Standard Developments, Chapter 4 Developments, and alterations and extensions of existing permissions.
The 2024 Act sets specific statutory timelines for decision-making for Standard Development and Chapter 4 Development. Delays can result in a number of consequences, including the reimbursement of the planning application fees and the need to report to the Minister or the Office of the Planning Regulator. These timelines recognise the need for timely planning decisions to deliver much-needed key infrastructure, particularly in the housing, energy and transport sectors. However, it remains to be seen if the consequences of breaching the timelines will be sufficient to ensure efficient decision-making, particularly if the planning authorities and/or the Commission are not appropriately resourced.
We have given some thought to the main changes to consenting procedures provided for in the 2024 Act below. Further detail will follow in a specific article on consenting procedures under the 2024 Act.
Standard Developments
Applications for "standard developments" are made directly to the local planning authority and may be appealed to the Commission. Large-scale residential developments fall under this procedure, subject to certain modifications.
The decision-making timelines for planning authorities on planning applications for standard developments are broadly similar to those under the 2000 Act. Planning authorities will have additional time to decide on applications for which an Appropriate Assessment (AA) or Environmental Impact Assessment (EIA) is required.
On appeal, the Commission must decide within 18 weeks if neither AA nor EIA are required. It must decide on an appeal within 26 weeks if AA / EIA is required. There are also extended timelines where further information is requested and/or where there has been an oral hearing. Under the 2000 Act, there is no set timeline for the Board to decide on an appeal; there is simply a non-binding statutory "objective" to make a decision within 18 weeks.
Chapter 4 Developments
Planning applications under this section of the 2024 Act are made directly to the Commission and include:
- developments for which retrospective consent (formerly substitute consent) is required;
- strategic infrastructure developments;
- electricity transmission infrastructure developments;
- strategic gas infrastructure developments;
- Chapter 4 maritime developments;
- Chapter 4 local authority developments; and
- Chapter 4 State authority developments.
Again, the 2024 Act sets time limits for the Commission's decision-making on applications for Chapter 4 Development. The 2024 Act provides 48 weeks for the Commission to decide on an application for Chapter 4 Development. An extension of 20 weeks is provided for where the Commission has requested further information, and an additional 12-week extension where there is an oral hearing.
Under the 2000 Act, the Board merely has an "objective" to ensure that a decision on a direct application (e.g., for Strategic Infrastructure Development) is made (a) within 18 weeks beginning on the last day for making submissions or observations, or (b) within such other period as the Minister may prescribe. This is not a set statutory time limit, and the "objective" of making a decision within 18 weeks is essentially meaningless.
However, developers may not view this new statutory timeline to make a decision on Chapter 4 Development as an improvement on current planning timelines, but, at a minimum, it should bring greater certainty. Given the nature and scale of Chapter 4 Developments and the timeline involved in preparing the applications themselves, it is unsurprising that the decision-making takes time. There is a balance to be struck in making timely, efficient and robust, environmentally considered decisions.
The 2024 Act makes express provision for some design flexibility, which will be welcome news to windfarm developers, given historical issues with turbine technology outpacing the planning process.
Applications for revocations, alterations, extensions
Applications may be made to alter the terms or extend the duration of a permission.
The 2024 Act expressly provides for an application procedure for alterations to a broader range of existing planning permissions. This procedure will be considered further in our upcoming article on development consents under the 2024 Act.
The 2024 Act provides a wider-ranging and more complex procedure for extending the duration of planning permission than the procedure under the 2000 Act. However, the current application process for extensions of duration continues to apply until 16 October 2027. In particular, the 2024 Act introduces public participation requirements in applications for "material" extensions of duration.
An application for an extension of duration under the 2024 Act may be refused if the development would materially contravene the relevant Development Plan – this may cause an issue where a new Development Plan has been introduced since the original permission was granted. Therefore, an application to extend the duration of a planning permission will need to be considered with reference to potential changes to the relevant Development Plan and relevant planning policy cycles.
These changes to applications for extensions of duration will be very relevant to developers and their funders, where there is uncertainty as to whether a development can be completed within the duration of the permission.
3) Judicial Review
The 2024 Act maintains the eight-week time limit within which Judicial Review (JR) proceedings must be brought following a decision.
The current two-stage JR process will be streamlined by eliminating the requirement for an application for leave. Instead, proceedings will commence by applying to the High Court by originating a notice of motion. The applicant for JR must notify the other parties to the proceedings (e.g., the local authority or the Commission and the applicant for planning permission) of its intention to apply for JR on the same day it commences proceedings.
Helpfully, this means that the person who applied for the planning permission will be notified of any JR challenge on the day it is issued. If a JR is commenced, the developer may opt for the duration of the planning permission to be suspended pending the determination of the proceedings.
The 2024 Act introduces some new eligibility criteria which must be satisfied for a JR applicant to demonstrate an entitlement to issue the proceedings. Different rules apply to other categories of applicants, such as individuals, incorporated associations (including environmental NGOs), and non-incorporated associations (including residents associations). The new standing rules require environmental NGOs and residents' associations to satisfy specific governance criteria. Individuals must be directly or indirectly materially affected by the proposed development at issue or must have participated in the planning process by making a material submission.
Where an applicant is withdrawing a JR, such applicant must declare that the withdrawal of the proceedings is not for securing payment or other benefit.
Appeals from decisions of the High Court in planning JR are now limited to appeals directly to the Supreme Court.
There will be no appeals to the Court of Appeal.
The 2024 Act introduces a means-tested costs scheme for applicants called the Environmental Legal Costs Financial Assistance Mechanism. An unsuccessful applicant for JR can receive a contribution to its costs from the scheme. Further details on how this scheme will operate in practice are required.
Rather than quash a decision which is the subject of a JR challenge, the 2024 Act provides that the Court can adjourn the proceedings and allow an error to be corrected by the relevant decision-making body. This provision will hopefully stem the flow of planning decisions being quashed due to discrete but remediable procedural errors. New Court rules have recently been introduced to facilitate these applications.
Conclusion and Upcoming Articles
In the next two instalments of this series, we will examine some of the changes to the JR procedure and some of the material amendments to the new consenting regime under the 2024 Act.
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.
