Christopher O'Sullivan (Cork South-West, Fianna Fail)

I am pleased to bring the Planning and Development (Amendment) Bill 2025 before the House. The main purpose of the Bill is to provide for targeted measures on a temporary basis to address unactivated permissions that are due to expire shortly, to ensure that the updated housing requirements in the revised national planning framework, NPF, can be incorporated into the planning system as quickly as possible, and to give clarity to the sector that this can be done under the Planning and Development Act 2000 while the Planning and Development Act of 2024 is being commenced.

Members will recall the size of the Planning and Development Bill 2024, which was enacted last year. The implementation of this Act is a key priority for the Government because the planning system needs to remain agile and responsive to issues. This is why I am bringing this Bill forward today. Before I get into the details of the Bill, I would like to set out the work that has been done since the 2024 Bill was enacted. Given the scale of the 2024 Act, it is necessary to implement it on a phased basis to facilitate the transition from the arrangements under the current Act to those under the new Act. Two key areas of the Act have been commenced so far. First are the provisions to enable the establishment of An Coimisiún Pleanála, which introduced a comprehensive organisational restructuring that will result in a modernised planning body, fit for the 21st century and with clearly defined roles and responsibilities. Separately, provisions to enable the identification of sites for urban development zones, UDZs, provide for an updated and more flexible approach to the planning and delivery of areas with significant potential for large-scale development and the associated necessary infrastructure, replacing the current provisions on strategic development zones, SDZs. Further key areas of the Act will be commenced over the remainder of this year, particularly Part 3 relating to the national planning framework, NPF, national planning statements and development plans.

Behind the scenes, my Department is preparing new regulations to accompany the 2024 Act and working closely with local authorities and other key stakeholders. An implementation plan has been published that includes a commencement schedule for the Act and a range of initiatives to support training and engagement for the planning sector in preparation for the phased transition to the new legislative framework. While reforming our planning legislation is key, resourcing the planning system is being addressed in parallel. A ministerial action plan is being implemented, with five key theme areas to enhance the capacity of the local government system and An Coimisiún Pleanála as well as other key measures. Following approval of the revised NPF, which will facilitate the delivery of in excess of 50,000 additional new homes per annum, it is important to ensure the updated housing requirements are incorporated into the planning system as quickly as possible. Local authorities will be required to update their current development plans over the coming months.

This brings me to the measures I wish to introduce through this Bill. The Government is committed to enabling the delivery of housing and addressing any issues that arise as quickly as possible and in a proactive manner. There is evidence that 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 a project, such as the availability of development finance, other economic factors such as market viability, infrastructure constraints, or phasing. Permissions of all types have also been delayed due to judicial review proceedings which were outside the control of the holder of the permission. In many cases this has resulted in a minimum time left to commence the development once a judicial review has concluded. This Bill will address expiring permissions to encourage their activation through focused and time-bound measures.

I will now outline the main provisions of the Bill, which consists of three Parts. Part 1, namely sections 1 and 2, contains provisions of a general nature including definitions. Part 2, comprising sections 3 to 15, inclusive, amends the principal Act, which is the Planning and Development Act 2024.

Section 3 is a transitional measure that provides for any guidelines issued under the Act of 2000 and continued in force under the Act of 2024 on the commencement of Part 3 to be regarded in decision-making processes under the Act of 2024.

Section 4 provides for a report to the relevant regional assembly setting out progress made with regard to the regional spatial and economic strategy. This ensures that local authority reports continue to be prepared once a year in advance of a regional assembly report.

Section 5 is a transitional measure to provide for a regional spatial and economic strategy made under the Act of 2000 and continued in force under the Act of 2024 on the commencement of Part 3 to be regarded in decision processes under the Act of 2024.

Section 6 disapplies section 56 of the Act of 2024 for development plans made or varied under the Act of 2000 and continued in force under the Act of 2024.

Sections 7 to 9, inclusive, are related. They allow for the assessment of any variation to development plans made under the Act of 2000 and continued in force under section 68 of the Act of 2024, or any development plans made or varied in accordance with section 69 of that Act. This will allow variation of such plans to be assessed with respect to the variation only rather than the criteria in the Act of 2024. Sections 8 and 9 make consequential amendments to sections 64 and 65 of the Act of 2024 to update cross-references.

Section 10 is a transitional measure to provide for a development plan prepared under the Act of 2000 and continued in force under the Act of 2024 on the commencement of Part 3 to be regarded in decision-making processes under the Act of 2024.

Section 11 provides that where the making of a development plan or a development plan variation has commenced under the Act of 2000 prior to the commencement of Part 3 of the Act of 2024, it may continue under the Act of 2000, notwithstanding its repeal, and it is to be regarded in decision-making processes under the Act of 2024.

Section 12 deals with local area plans and provides that when the making or amending of a local area plan is commenced under the Act of 2000, before the commencement of Part 3 of the Act of 2024, it may continue under the Act of 2000 and that variations to existing local area plans that are continued in force under the Act of 2024 may be made, subject to the provisions of the Act of 2024. It also provides that local area plans shall be regarded in decision-making processes under Act of 2024.

Section 13 relates to judicial reviews. This section extends the pause of the duration of permission during judicial review proceedings to permissions granted under the Act of 2000 and subject to judicial review under that Act. 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.Applications for suspension of duration may be made provided that the person applying declares that development did not substantially commence, which excludes works for the maintenance, security or protection of the development site, while the judicial review is ongoing.

Section 14 amends section 303 of the 2024 Act to clarify that the application of sections 50, 50A and 50B of the 2000 Act to decisions under the 2024 Act cease to have effect on the commencement of the relevant provisions in Part 9 of the 2024 Act.

Section 15 is consequential to section 16 and updates cross-references.

Part 3 amends the 2000 Act and provides for the extension of duration of permissions.

Section 16 amends the 2000 Act to enable an extension of duration of up to three years to permissions for housing developments that have not yet commenced and have less than two years remaining on the duration of permission. To encourage activation of housing development, 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 the development is substantially complete. An extension of duration may only be granted where environmental impact assessment or appropriate assessment would not be required for the proposed extension.

Section 17 is a technical amendment to ensure references in the 2000 Act include references to similar terms in the 2024 Act on commencement of Part 3.

I will bring forward a number of amendments on Committee Stage, the majority of which deal with transitional arrangements arising from moving from the 2000 Act to the 2024 Act. I will also bring forward amendments relating to the new apartment guidelines that were published this week.

The Government is committed to ensuring that housing is delivered as quickly as possible and that we do everything we can to support developments that already have planning permission. In this regard, certain modifications to existing permissions that are in accordance with the provisions of the new apartment guidelines will be deemed to be permitted modifications. The permitted modifications will be limited, with no change to the scale or mass of a development. Changes to the internal layout will be allowed in line with the new guidelines and certain limited external modifications to align with the internal changes will also be permitted. Developers will need to inform the planning authority of the proposed changes, and provided that they are in line with what is set out in the amendment, the modified permission will be allowed. This will be a timebound provision for two years only, to encourage the activation of existing permissions, rather than developers having to seek a new permission in such cases.

With the support of the Houses, I hope to have this Bill enacted before the summer recess. I will seek to respond to any specific questions and engage further on Committee Stage.

Before I commend the Bill to the House I stress that this is a necessary piece of legislation. The Minister, Deputy Browne, constantly says we need to use every tool at our disposal to ensure an increased supply of housing in a quick and efficient way, and to continue to give regard to the right of the public and individuals to have an input into the planning process.

The Bill is necessary and timely, considering the challenges we face with the provision of housing. I look forward to listening to the contributions from Senators today. They will certainly be taken on board. I also look forward to Committee Stage where certain amendments will be introduced. I commend the Bill to the House.