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Introduction
The Planning and Development Act 2024 (“the 2024 Act”) was signed into Irish law on 17 October 2024 and aims to introduce a new and updated legislative framework for planning and development across national, regional and local levels.
The 2024 Act is likely to have far-reaching implications for property and land development in Ireland.
Background to the Act
The Planning and Development Bill 2023 was approved by Cabinet for consideration by the Houses of the Oireachtas in October 2023. The Bill followed a review of the Planning and Development Act 2000 (“the 2000 Act”) by the Attorney General which revealed that, largely owing to a high number of amendments, the 2000 Act had become particularly difficult to navigate. The Attorney General’s review involved extensive engagement with the Planning Advisory Forum, a body comprising organisations from across industry and environmental lobby groups.
Key Features of the Act
Increased Duration of Local Authority Development Plans
The 2024 Act extends the length of Local Authority Development Plans from six years to ten years, with a review to take place after five years. The idea behind this extension is to encourage strategic planning. Existing “Local Area Plans” will now fall under the following designations:
Urban Area Plans
Priority Area Plans
Coordinated Area Plans
Reform of Judicial Review Procedure
The 2024 Act removes the previous requirement for an applicant to apply to the High Court for 'leave', in advance of commencing judicial review proceedings.
An applicant can no longer amend the grounds of their application beyond the grounds originally filed and must (subject to limited exceptions) include all grounds in their original statement of grounds.
Under the 2024 Act, an applicant must have a “sufficient interest” in bringing judicial review proceedings, meaning an applicant must be (or have the potential to be) directly, or indirectly, materially affected by them. In certain proceedings relating to the environment, however, applicants may bring proceedings even if they are not materially affected.
To commence judicial review proceedings, an application must be made by way of Notice of Motion. An applicant must also provide a Statutory Declaration confirming that the proceedings have not been brought for the purposes of either (a) delaying the carrying out of any development or proposed development or (b) securing the payment of any consideration to, or the doing of any other thing for the benefit of, any person.
Apart from certain specified bodies, applicants must exhaust all available appeal procedures or other administrative remedies that may be available to them.
Changes to An Bord Pleanála
Under the 2024 Act, An Bord Pleanála will be renamed An Coimisiún Pleanála (“the Commission”). The Commission will have substantially similar powers but will incorporate a new organisational structure focused on increasing efficiency and accelerating timelines.
A Governance Board will be established under the 2024 Act which will deal with internal organisation and procedure, and the current An Bord Pleanála Chairperson, Deputy Chairperson and Board Members will be replaced by a Chief Planning Commissioner, a Deputy Chief Planning Commissioner in addition to thirteen ordinary Planning Commissioners.
Mandatory Timelines for Consent
While the 2000 Act provided mandatory timelines for applications to Local Authorities, it did not provide such timelines for An Bord Pleanála. The 2024 Act now places time limits on the Commission during the consenting process and the Commission may face penalties where they do not comply with such timelines.
Conclusion
The 2024 Act represents a significant change in the legal and regulatory landscape of planning and development in Ireland, and its commencement is expected to be staggered, with secondary legislation (ministerial regulations) being required for large tracts of the 2024 Act. The provisions of the 2000 Act will remain in force until the provisions of the 2024 Act are commenced.
Overall, the 2024 Act is expected to have a positive impact on development in Ireland due to improved and streamlined procedures.
Further Information
For expert legal advice on Commercial or Residential Property Development or any Property matter, please contact a member of our Property Team.