The Planning and Development (Amendment Act) 2025 (the 2025 Act) which came into effect on 1 August 2025 introduced a number of changes to the Planning and Development Act 2000 (the 2000 Act) and the Planning and Development Act 2024 (the 2024 Act).
Extensions of duration of permissions for un-commenced housing
A Planning Authority shall, under section 42 (1A) of the 2000 Act, extend the life of a planning permission by such additional period (not exceeding 3 years) as the planning authority considers requisite to enable the development to be completed, provided that;
- An application is made before, but not earlier than 2 years before, the end of the lifetime of the permission and
- Not later than 6 months from 1 August 2025
A planning authority must be satisfied that the development will be completed within a reasonable time. An extension will cease to have effect if the development is not commenced before the expiration of 18 months of 1 August 2025.
A party who avails of this extension under section 42 (1A) cannot subsequently seek a further extension under section 42 (1) where a development has commenced. It will however be possible to make an application for development permissions already extended under section 42 (1A) to be further extended by such additional period as the planning authority considers requisite to allow for a development to be completed, provided that the aggregate of both extensions does not exceed 5 years.
Suspension of time for a planning permission during judicial review proceedings
Section 180 of the 2024 Act provides for the life of a permission to be suspended where it is subject to judicial review proceedings. The period of suspension runs from the date the judicial review proceedings are commenced until such proceedings are concluded.
Section 16 of the 2025 Act extends these provisions to planning permissions granted under the 2000 Act. Where judicial review proceedings have concluded an application can be made to discount the time spent in judicial review from the life of the permission.
This can be availed of provided that the development did not substantially commence (excluding works for the maintenance, security or protection) while the judicial review proceedings were ongoing.
For more information please contact Godfrey Hogan.
The content of this article is provided for information purposes only and does not constitute legal or other advice.
