James Browne (Wexford, Fianna Fail)

I move:

That Dáil Éireann approves the following Regulations in draft: Planning and Development Act 2024 (Modification) Regulations 2025, a copy of which has been laid in draft form before Dáil Éireann on 18th November, 2025.

I welcome the opportunity to discuss the draft regulations and set out the rationale and reasoning behind their development. First, I wish to take this opportunity to provide a brief update on the ongoing phased commencement of the Act of 2024. As Deputies will be aware, the Act of 2024 represents the most comprehensive review of planning legislation since 2000 and spearheads the ongoing reform and streamlining of the planning system without there being reduced delays in housing development and other critical infrastructure projects.

The commencement of the substantive planning provisions of the Act of 2024 began on 9 June 2025. Both Chapters 1 and 2 of Part 22 came into operation providing for the identification of suitable sites for urban development zones. On 18 June 2025, the commencement of Part 17 was completed, which provided for the establishment for An Coimisiún Pleanála, and on 1 August 2025, Chapter 1 of Part 9 was commenced, which introduced provisions for reformed planning during judicial review alongside section 180 to provide for the suspension of the duration of a planning permission during judicial review proceedings. On 2 October 2025, Chapters 1 to 4 of Part 3 were commenced and provided the new legislative basis for the national planning framework and regional and spatial economic strategies, as well as introducing the national planning statements that will be used to set up policy and provide guidance in relation to planning matters.

As things stand, 133 sections of the Act of 2024 have now been brought fully into operation and that means almost 50% more legislation has now been brought into effect from the first year of the Act of 2024 compared to the first year of the implementation of the Planning and Development Act 2000. The next groups of provisions will be brought into operation at the end of this month at which point more legislation will have been commenced under the Act of 2024 than was contained in the entire 2000 planning Act after its enactment on 28 August 2000.

To follow on from the good progress that has been made this year, as we move into 2026, the third phase of commencement is set to proceed. This will provide for a range of important provisions, such as development consents, architectural heritage and enforcement matters. Going back to the proposed regulations, it is important to highlight that the ongoing phased commencement of the Act of 2024 and the corresponding repeal of the 2000 planning Act is a complex task and one that must continue to be responsive to Government policy and to stakeholder needs.

Subsequent to this is a revision of the national planning framework in April this year. Housing growth requirement guidelines were issued to local authorities that set out the housing demand scenario in the State up to the year 2040. These guidelines translated the national planning framework housing requirements into estimated average annual figures for each local authority. While it was originally intended to bring all of Part 3 of the Act of 2024 into operation in October this year to complete the new legislative foundation for development plans and area plans, upon discussions with stakeholders and local authority representatives, the decision was made to stagger the commencement of Part 3 to help facilitate the urgent variation of development plans using the familiar processes and provisions of the 2000 planning Act. This was done for the single purpose of implementing the housing growth requirement guidelines as expeditiously as possible.

As a result, some of Part 3 was commenced in October, while the rest of Part 3 will come into operation at the end of this month. The proposed regulations are, therefore, necessary in order to change the operative date from October to December for a transitional provision relating to development plans variations that were initiated under the 2000 planning Act. They make a technical and straightforward modification to section 69(2) of the Act of 2024 to align the transitional provisions with the commencement of the development plan provisions under the Act of 2024.

The proposed regulations also make a similar modification to section 81 of the Act of 2024 with respect to the making and amending of local area plans. While the proposed regulations are technical in nature, they are an important component of the wider commencement process for the Act of 2024. I would like to give assurance to the House regarding the application of the specific legislative provision under which the proposed regulations are to be made, if approved, and to draw attention to the inherent safeguards that are provided for in that enabling provision.

Section 4(6) of the Act of 2024 allows the Minister of the day to make regulations to remove a difficulty that arises with respect to bringing a provision of the Act of 2024 into operation. In relation to the operation of any such provision, such regulations may modify the provision in question insofar as it may be necessary or expedient to carry such provision into effect.

In the case of proposed regulations, necessary modifications are required to remove a difficulty that prevents bringing subsection (2) of section 69 and subsection (6A) of section 81 into operation in the intended manner. For further safeguard use of subsection (6) of section 4, following constructive discussion on Committee Stage, an additional requirement was inserted into the Planning and Development Bill 2023 that will ensure a positive resolution of both Houses of the Oireachtas was required before any draft regulations could be signed by the Minister. That additional safeguard is the reason we are here tonight. I see this as a prudent and sensible step in the process of enabling modifications to be made to the Act of 2024 in order to bring it into operation in the manner intended. It is also important to note that this enabling provision should not be considered pioneering or innovative, nor is the use of such a provision. Similar provisions are already found across the Statute Book empowering the Minister of the day to introduce necessary regulations to remove a difficulty with respect to the bringing into operation of a legislative provision. Examples of where such power have been used include section 2(2) of the Residential Tenancies (Amendment) Act 2024 and section 3 of the Non-Use of Motor Vehicles Act 2013.

To conclude, the purpose of the proposed regulations is to facilitate measures that are being undertaken to assist in the provision of additional zoned land for residential development. I commend our proposed regulations to the House. Finally, if the proposed regulations are approved by positive resolution of both Houses of the Oireachtas, as required under section 4 of the Act of 2024, the intention is to have the regulations signed into law at the earliest opportunity to prepare for the commencement of Chapters 5 and 6 of Part 2 of the Act of 2024.

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