THE PLANNING AND DEVELOPMENT ACT

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, divided into 26 parts, with seven schedules, and is the third largest piece of legislation enacted in the State’s history. Although now signed into law, only a handful of provisions are currently in force: Part 25 (which relates to Rent Pressure Zones), Part 26 (which relates to Owners' management companies and acquisition of certain NAMA assets), and sections 1-5 (which relate to short title and commencement, definitions, construction of certain references, orders and regulations). The remainder of the Act will need to be commenced by Ministerial orders. This is likely to happen in phases, as it did 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.

1. 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 to ensure consistency and integration of national and regional plans into the local planning 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.

2. Judicial review

The Act, in Part 9, makes some significant changes to judicial review (JR).

• Removal of the application for leave: 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.
• Limited appeals: Appeal from High Court decisions is limited to the Supreme Court only, and only if the case meets the constitutional criteria for entry to that court.
• 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 a particular function).
• 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: (i) delaying the carrying out of any development or proposed development, or (ii) securing any payment to, or the doing of any other thing for the benefit of, any person.
• Standing requirements: The Act defines "sufficient interest" as being directly or indirectly materially affected by the matter. This is the starting point for determining standing. However, 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 are: (i) companies with environmental protection as a main goal that have been active for at least a year, (ii) organisations with at least ten members and approval from their governing body to bring the JR, or (iii) individuals who made submissions “of a material nature” to the relevant body, in accordance with the requirements applicable to such submissions.
• The requirement on applicants to show “substantial grounds” has been dropped. Unincorporated bodies, like residents' associations, can bring a JR under specific conditions. The Act also introduces a stricter procedural focus for the amendment of pleadings and when JRs can be taken.
• Costs reforms: 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.

3. 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. The Act also introduces a number of provisions to strengthen the administrative functions and governance of the Commission. For example, the governing board or the CEO will be obliged to conduct reviews of the Commission’s organisation, procedures and decision-making functions every three years. It is anticipated that this Part will be commenced shortly to enable the establishment of the Commission.

4. New offence of requesting payments or benefits

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.

5. 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, will be an offence.