Dáil debates
Tuesday, 8 July 2025
Planning and Development (Amendment) Bill 2025: Second Stage
8:05 am
James Browne (Wexford, Fianna Fail)
I thank all Deputies for their engagement on this Stage of the Planning and Development (Amendment) Bill 2025. It is imperative that the Government takes all measures necessary to increase the supply of housing. Let me be clear that no single measure will solve the challenges we face on its own, but I firmly believe the combined effect of the measures being introduced through this Bill will have a significant and much-needed impact on the delivery of our housing supply.
We all recognise it is important that developers use their permissions Whether it is for housing or, for example, energy projects, to encourage developers to act quickly on their consents the Acts of 2024 provide that the duration can only be extended if the project has commenced. On planning permission for residential development, however, there is evidence to suggest a significant number of planning permissions for housing are due to expire shortly that have not yet been commenced. While planning permission is an essential step in any project, there are other factors that may impact on the commencement of the project, such as the availability of development finance, market viability, infrastructure constraints or phasing. By allowing holders of permissions to apply before the commencement of the development, we will address the issue of permissions that do not have enough time left to commence and be substantially completed before applying for an extension, as is currently the requirement.
I also note the measure being introduced is timebound. The application for the extension must be made within six months of the commencement of the legislation and the development must commence within 18 months of the commencement of the legislation. In line with existing provisions, a further application for an extension of up to two years may be made once a development is substantially complete. This provision has a sunset clause, which will expire in October 2027.
It is also important to note that an extension of duration may only be granted where an environmental impact assessment or appropriate assessment would not be required for the proposed extension of time. There is also evidence that a large number of permissions delayed due to judicial review proceedings now only have a limited time left. The new measure being introduced will allow the holders of permissions under the 2000 Act to apply to a planning authority for the suspension of the permission for a period of a judicial review, if the judicial review is upheld. It provides that where a permission was or is subject to judicial review, the holder of the permission may seek a suspension of time for the period the judicial review was or is ongoing. Retrospective applications for a suspension of duration may be made in respect of active permissions where a judicial review has concluded, provided that the person applying declares that the development did not substantially commence while the judicial review was ongoing.
As the Minister of State, Deputy Cummins, mentioned, the implementation of the Planning and Development Act 2024 is a key priority for the Government. However, it is important that the planning system remains agile and responsive to issues. It is for this reason I am introducing measures to clarify the transitional arrangements that the development plan variations commenced under the 2000 Act can continue under that Act when the relevant provisions of the 2024 Act are commenced, with a similar provision for the local area plans that have been commenced under the 2000 Act. This will ensure that following approval of the revised national planning framework of 2025, which will facilitate the delivery in excess of 50,000 additional new homes per annum, 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.
I will address some specific issues that were raised. The new apartment guidelines can apply to applications for permission that are not yet decided through use of further information requests. The Oireachtas joint committee briefing requested can be facilitated. My officials will engage with the Chair of that committee to organise this. The pre-legislative scrutiny waiver was agreed by the Oireachtas joint committee, given the urgent need to progress this legislation. A number of Deputies sought more information on the extension of duration to be submitted with the request. There are existing regulations that support the extension of duration provisions, which will apply to this amendment. The regulations provide that applications for extensions must be accompanied by information, including the date of the commencement of the development, the additional period required and the date works are expected to be completed. A number of queries were raised regarding Committee Stage amendments. These can be responded to as part of the Committee Stage discussions.
The Minister of State, Deputy O'Sullivan, outlined the amendments I intend to bring forward in the Seanad, most of which are of a technical nature and relate to transitional arrangements as we move from the 2000 Act to the new Act. In addition to these amendments, I will bring forward amendments relating to apartment guidelines. As the new guidelines were only published today, it was not possible to include them in the published Bill.
As mentioned, this Government is committed to ensuring that housing is delivered as quickly as possible. It is vitally important we do all we can to support the developments that already have planning permission. This is another timebound provision, in this case for two years only, to encourage the activation of existing permissions rather than developers having to seek a new permission in such cases.
I thank all the Deputies for their engagement on this Bill. I look forward to discussing it again on Committee Stage.
No comments