The Planning and Development Act 2024 (the Act) was passed by the Dáil on 9 October 2024 and signed into law by the President on 17 October 2024. It replaces the Planning and Development Act 2000 (the 2000 Act), and the vast amount of legislation that has amended it since.
The Act is 906 pages long, divided into 26 parts, with seven Schedules. It is the third largest piece of legislation enacted in the State’s history. Although now signed into law, only Part 25 (which relates to Rent Pressure Zones) is currently in force. The remainder of the Act will need to be commenced by Ministerial Orders. This is likely to happen in phases, as it did over a 2 year period when the 2000 Act replaced the Local Government (Planning and Development) Act 1963. There will be some complexity in the meantime where elements of both the “old” and “new” planning law will apply. The Act includes “transitional provisions” which will be important in navigating this period of transition.
New Planning & Development Regulations are awaited, which will set out amongst other matters what types of development are exempted from the need to secure planning permission. Also, the detail of the new environmental legal aid costs regime is awaited with interest.
Overview of some of the key changes
Plans, policies and related matters
Part 3 reflects one of the central aims of the Act – to move towards a more strategic, national, plan-led approach to development by emphasising the planning policy hierarchy. This is said to be needed to ensure consistency and integration of national and regional plans into the local plan making process. The more strategic and long-term focus of the Act is reflected in a lengthening of the development plan cycle from six years to ten years.
Judicial review
The Act, in Part 9, makes some significant changes to judicial review (JR).
- Removal of the application for leave stage. Previously, individuals or organisations had to make an “application for leave” to seek JR which acted as a preliminary screening stage. This requirement has now been removed.
- Initiation of judicial review. To commence JR proceedings, an application must be made to the High Court by way of notice of motion, notifying relevant parties. The time-limit for bringing a JR remains the same (i.e. eight weeks from the date of the decision, the act or the failure to perform the particular function).
- Appeal limited from High Court decisions to the Supreme Court only, and only if the case meets the Constitutional criteria for entry to that court.
- Applicant must provide a statutory declaration. To commence JR proceedings, an applicant must provide the High Court with a statutory declaration confirming that the proceedings are not brought for the purpose of either (a) delaying the carrying out of any development or proposed development or (b) securing any payment to, or the doing of any other thing for the benefit of, any person.
- Standing requirements. The Act places some restrictions on who can take a judicial review challenge to those who are “directly or indirectly materially affected” by the matter, and to certain representative bodies. For certain environmental cases, such as those involving Environmental Impact Assessment or Appropriate Assessment, an applicant will be regarded as having a sufficient interest (regardless of direct or material impact) where they meet any of the following criteria:
- companies with environmental protection as a main goal and have been active for at least a year; or
- organisations with at least ten members and approval from their governing body to bring the JR; or
- individuals who made submissions “of a material nature” to the relevant body, in accordance with the requirements applicable to such submissions.
The Act introduces significant changes to costs in environmental legal proceedings. A pivotal feature of the Act is the establishment of the “environmental legal costs financial assistance mechanism,” designed to support individuals or groups involved in environmental legal proceedings who do not fully win their cases. The details of this new legal costs regime will be set out in regulations, which have yet to be published. It is expected that the new JR provisions will not be commenced until that regime is in place.
An Coimisiún Pleanála
Part 17 of the Act provides for the re-structuring and re-organisation of An Bord Pleanála (the Board) under the new name of An Coimisiún Pleanála (the Commission). This entity will have broadly similar powers to the Board, with an increased focus on efficiency, compressed timelines for decision making, and transparency. It is anticipated that this Part will be commenced shortly to enable the establishment of the Commission.
New offence
Part 20 of the Act provides for a new criminal offence of requesting payments or benefits in exchange for not opposing a development or for withdrawing opposition to a development. Requests made in good faith for compensation for loss of enjoyment of land or a maritime site by an owner or occupier are, however, exempted.
Statutory declarations
The Act also introduces a new requirement for submissions, observations, appeals and JR proceedings to be accompanied by a statutory declaration that they are not being made, or taken, to delay the development or secure any benefits. Withdrawals of such submissions and proceedings must also be accompanied by a statutory declaration to the effect that they are not made to secure any benefits. Failure to comply with these requirements, or making false declarations, is an offence.
Conclusion
We await further detail of commencement orders and a ‘comprehensive implementation strategy’ for the Act which is expected to be published by the Department for Housing, Local Government and Heritage soon. The new Planning and Development Regulations will also require detailed scrutiny once published. The passing of the Act marks a significant milestone in the overhaul of the planning system, which the Government committed to deliver within its lifetime. However it is inevitable with such substantial new legislation, that there will be some complexity around its provisions which will lead to issues being raised in cases in the future.