Written answers

Wednesday, 3 June 2020

Department of Housing, Planning, and Local Government

Ministerial Correspondence

Photo of Jack ChambersJack Chambers (Dublin West, Fianna Fail)
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1181. To ask the Minister for Housing, Planning, and Local Government if a reply will issue to correspondence (details supplied); and if he will make a statement on the matter. [8668/20]

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael)
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Firstly, I wish to acknowledge Deputy Chambers’ original correspondence to my office and apologise that the intended response did not issue before this date.

My Department has taken a number of important steps in response to the current Covid19 pandemic to ensure that our planning system continues to operate in a manner that will ensure public participation throughout the period of public health restrictions.

On 29th March, 2020, in conjunction with the Government and taking account of the considerations under Section 251A(5) of the Planning and Development Act, 2000 as amended, I made Orders which extended a range of specified/appropriate periods and timelines under this Act, and a number of other related Planning Acts and associated regulations.

This meant that such periods were initially extended in duration from 29th March 2020 and ultimately extended until Saturday 23rd May 2020 inclusive, comprising a total period of eight weeks (56 days).

Regarding judicial review timelines and the effect of the Section 251A order, as the period of time for making an application for leave to seek judicial review a planning decision is set out in the Planning and Development Act 2000 (as amended), the extended period covered by the Section 251A Order applies.

Time limits for judicial review are therefore extended by the period of duration of the Order that is applicable to each individual case. For applications for judicial review on decisions made prior to the 29th of March 2020, the portion of the statutory period in which judicial review may be sought, that remained on the coming into effect of the Section 251A order on 29th  March 2020, now resumes from 24th May 2020.

In each case, the exact calculation of the statutory time period in which judicial review may be sought, will depend on the date the decision was made and is subject to legal advice on a case by case basis.

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