Ministers Browne and Cummins introduce new Bill to ensure full potential of existing planning permissions is realised
- Published on: 27 May 2025
- Last updated on: 28 May 2025
- extension of planning permissions for housing developments nearing the end of their duration period
- Judicial Review period no longer to be counted as part of the life of a planning permission
The Minister for Housing, Local Government and Heritage, James Browne and the Minister of State for Planning, John Cummins today welcomed Cabinet approval for priority drafting of the Planning and Development (Amendment) Bill 2025. It is intended to have the Bill enacted before the summer recess.
This Bill will enable for an extension of duration of permissions to be made on permissions for housing development that are nearing the end of their duration period and have not yet commenced.
The Bill will also allow for the provisions of Section 180 of the new Planning and Development Act 2024 to retrospectively apply to permissions that have already been through Judicial Review - or are currently in Judicial Review - and are subsequently permitted. In other words, this will allow for the duration of the Judicial Review period to not be counted as part of the effective life of the planning permission – avoiding a situation whereby in the past planning permissions have expired due to delays caused by the Judicial Review process.
Minister Browne emphasised:
“This is about getting things moving and ensuring we don’t lose out on important developments due to the challenges the sector has faced in recent years. There is clear evidence that there are a number of permissions for housing that are due to expire shortly that have not yet been commenced and there have been calls for an extension to all current permissions.
“Indeed, there were over 40,000 un-commenced residential units on 265 wholly inactive development sites within Dublin. Of these, it is estimated that permission for around 15,000 of these units are due to expire within the next 2 years. Furthermore, just under 19,000 units over 52 sites have been subject to Judicial Review over the last 5 years. Of these, almost 15,800 units have been permitted but the duration of the permission has been eroded due to the review proceedings. A further 3,000 units remain in Judicial Review.
“Many permissions are due to expire or have been delayed due to Judicial Review proceedings - in either case, we have thousands of potential homes but a minimum time left to commence development.
“Today we are tackling these issues and with this Bill – which we hope to speedily progress – we will ensure that the potential that exists in the many planning permissions granted to date will be realised.
“I want shovels in the ground and homes built. Developers won’t be allowed to rest on the laurels – there is the benefit of an extension only if they commence work on their sites within a set period of time.”
Minister of State Cummins added:
“We are making an important and practical decision today to ensure sufficient time is given to activate planning permissions for much needed housing across our country.
“This Bill will allow current holders of planning permission - for housing developments that have not yet commenced - to apply for an extension of up to 3 years. However, as an activation measure, the permission holder must apply for an extension within six months of the legislation commencing and they must commence building within 18 months of the the commencement of the legislation.
“At present, an application for an extension of duration can only be made for developments that have already been commenced and are substantially complete.
“By allowing holders of permissions to apply for an extension in advance of a commencement of the development, it will address the issue that exists whereby permissions effectively lapse because they do not have sufficient time left to commence and be substantially complete.
“Secondly the Bill allows holders of permissions that have already been through a Judicial Review or are currently subject to a Judicial Review to apply to a planning authority for a retrospective suspension of the permission for the period of the review. This is important because, at the moment, the clock doesn’t stop on the duration of a planning permission when the permission is subject to a Judicial Review. With this change, the time lost will effectively be reinstated meaning developments that would have timed out, will now have time to activate on site and get to a substantially complete stage.
“I believe both measures are pragmatic and grounded in common sense. They are an integral part of ensuring we have sufficient housing units through the planning process that can be activated to deliver much needed homes for individuals and families.”
The Bill approved today also provides for some amendments to the Planning Act of 2024 to clarify transitional arrangements as the planning system moves from operating under the Act of 2000 to the new Act. Following the approval of the Revised National Planning Framework 2025, which will facilitate the delivery of in excess of 50,000 additional housing units per annum, there is an urgent need to ensure that the updated housing requirements can be incorporated into the planning system as quickly as possible. Local authorities will be required to update their current development plans over the coming months.
It is important that local authorities have clarity that this can be done through the processes under the Act of 2000, notwithstanding that the Act of 2024 is being commenced. To provide this clarity and certainty, a number of transitional amendments will be made to the Act of 2024.
These transitional provisions will provide that development plan variations commenced under the Act of 2000 can continue under that Act when the relevant provisions of the Act of 2024 are commenced, with a similar provision for the local area plans that have been commenced under the Act of 2000.
The provisions will also ensure that prior to the commencement of the provisions in the Act of 2024 on development consents, that applications assessed under the Act of 2000 shall have regard to the NPF, Ministerial Guidelines, RSESs, development plans and local area plans continued in force under Act of 2024. This is necessary to allow for the phased commencement of the Act.
The Act already includes transitional amendments for a number of different processes reflecting the principal that any process commenced under the Act of 2000 even if the relevant provisions in the Act of 2024 are commenced.