John Cummins (Waterford, Fine Gael)

I thank all Senators for their engagement on this Bill. I acknowledge the contributions of Senators Flaherty, Boyhan, Murphy, Andrews, Stephenson, Higgins, Blaney and Rabbitte.

We all recognise that it is important that developers use their permissions, whether for housing or energy projects, and important to encourage developers to act quickly on their consents. The Acts of 2000 and 2024 provide that the duration can only be extended if the project has commenced and reached substantial completion. However, in relation to residential development, there is evidence to suggest that a significant number of planning permissions for housing that are due to expire shortly have not yet been commenced.

We are all aware that the substantial increase in judicial reviews has had an impact on larger developments in particular. For example, the number of legal cases involving An Coimisiún Pleanála has grown from 41 in 2018 to 143 in 2024. Residential data for the Dublin region for the end of 2024 also highlighted these issues when there were 40,112 uncommenced residential units on 265 wholly inactive development sites in Dublin. Of these, the average period that remained to the estimated permission expiry date was 2.9 years. It is estimated that around 15,000 of these units are due to expire within the next two years.

An Coimisiún Pleanála's figures also show that just under 19,000 units on 52 sites were either subject to a judicial review and subsequently permitted, or remain within the judicial review process, over the last five years. Of these, almost 16,000 units across the country have been permitted notwithstanding the judicial review process, and just over 3,000 are still subject to ongoing proceedings. In all of these cases, the duration of the permission has been eroded due to the judicial review proceedings. The new measures contained in this Bill will allow for the holders of permission under the 2000 Act to apply to a planning authority for the suspension of the permission for the period of a judicial review, if the judicial review is upheld.It provides that where a permission was or is subject to a judicial review, the holder of the permission may seek a suspension for the period of the judicial review that was or is ongoing, providing they declare the development did not substantially commence while the judicial review was ongoing. This mirrors the provisions in the 2024 Act and brings them forward.

Planning permission is an essential step in any project, and there are other factors, of course, that can impact on the commencement of a project, including viability. Holders of planning permission will be allowed to apply for an extension. This is to address the issue of development that does not have enough time remaining in the planning permission to be commenced and substantially completed before applying for an extension, as is the requirement at present. This measure will be timebound and will expire in October 2027. The application for the extension must be made within six months of commencement of the legislation, and the development must commence within 18 months of the commencement of the legislation. It is also important to note the 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.

As the Minister of State, Deputy O'Sullivan, mentioned in his opening address, 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 the Bill clarifies the transitional arrangements whereby development plan variations commenced under the 2000 Act can continue when the relevant provisions of the 2024 Act are commenced, with a similar provision for local area plans commenced under the 2000 Act. This will ensure that, following approval of the revised national planning framework, which will facilitate the delivery of in excess of 50,000 additional 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, and we will be writing to local authorities very shortly on their housing growth requirements.

I will follow up on a few of the matters that have been raised by Senators. A number of Senators referenced the fact that the Bill is being rushed and that no pre-legislative scrutiny occurred. With regard to Members on the Oireachtas joint committee, it is important to state pre-legislative scrutiny was waived by the committee. Department officials met the committee in advance of the pre-legislative scrutiny waiver, and they will meet the joint committee on Monday to brief it on the apartment guidelines that will be amended. It is unfair to present it as if there has not been a briefing from officials on this matter. There has been full engagement with the Oireachtas joint committee. I suggest that Senators speak to the members of their groupings or parties who sit on the Oireachtas joint committee to feed in any questions or get clarification ahead of the Committee Stage debate, which will take place in the House next week.

On the points raised regarding communication with planning authorities, it is important to state that implementation and oversight working groups are in existence. Bespoke circulars have been issued to local authorities with descriptions of new legislation and information on corresponding regulations and such matters. A comprehensive implementation plan is in place with regard to communicating all of these changes. We appreciate the challenge of translating what is significant legislation, and the workload involved, in the local authority system.

Reference was made to the Aarhus Convention. It is important to state that what the compliance committee had looked at when the comments were issued was not the final version of the Bill. Section 42 of the Act of 2000 has been the subject of complaints, as has been referenced. These are mainly to do with public participation. A letter was issued in October 2024 to set out the provisions of the 2024 Act on the extension of duration, including public participation. It explained the Act includes a number of transitional measures to allow for the reforms to be introduced on a phased basis, including the retention of section 42 on a transitional basis until three years after the passing of the Act, which is October 2027, and that section 42 will be limited to a finite number of legacy permissions granted under the 2000 Act. On this basis, we are satisfied it is appropriate to amend section 42, as proposed in the Bill, to allow for an extension to be granted for uncommenced permissions. As I have said, this is as long as an environmental impact assessment or an appropriate assessment is not required. The Attorney General was part of the drafting process for the 2024 Act and has ensured it is compliant with our EU and international obligations, including the Aarhus Convention.

I must say some of the general commentary on the Bill, and on developers in general, is unfortunate and negative. I do not single out anyone in particular when I say that. We need developers, councils, the Land Development Agency, approved housing bodies and everyone firing on all cylinders if we are to deliver the quantum of housing required in this country. Vilifying a certain section will not achieve the outcome we all want.

I must also say that some of the descriptions of apartment sizes, which we will discuss more on Committee Stage next week, are also unfortunate. There are descriptions of shoeboxes. The reality is that, while many people in this Chamber and the other Chamber rightly point to Vienna and all of the positive measures it has in terms of housing, the average size of a studio apartment in Vienna is 25 m². We will have a size of 32 m² in the revised apartment guidelines. Context is very important when we have any debate on housing.

We will table Committee Stage amendments on the apartment guidelines and I am sure they will get a good airing next week. The Government is committed to ensuring we deliver housing as quickly as possible. Extending the duration of planning permission, while also giving back any time lost in a judicial review process, is a common-sense practical measure. It has been brought forward by the Government because we cannot build houses unless we have active planning permissions in place. I commend the Bill to the House.