Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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1183. To ask the Minister for Housing, Planning, and Local Government to clarify the commencement schedule for each of the chapters and sections of Part 9 of the Planning and Development Act 2024; and to clarify if a partial commencement of chapter 2 is envisaged earlier in 2025 under block A2, with remaining sections of chapter 2 Part 9 to follow, with the subsequent and later implementation of elements of the Act falling under block D, as per the Department’s published implementation plan; and what sections are proposed to be commenced first, and why. [18982/25]

James Browne (Wexford, Fianna Fail)
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Chapter 1 and Chapter 2 of Part 9 of the Planning and Development Act 2024 (Act of 2024) set out the special provisions relating to judicial review of decisions, acts and failures to act by administrative bodies performing functions under that Act.

Chapter 1 concerns procedures through which decisions, acts and failures to act by administrative bodies performing functions under the Act may be challenged, requiring any such proceedings to be brought by the special judicial review procedure provided for in Part 9, and addressing particular matters such as time limits for commencing proceedings, legal standing to take such proceedings, and various procedural rules relating to such proceedings.

Chapter 2 concerns the costs of bringing and defending judicial review proceedings under Part 9 or otherwise relating to the environment. The rules applicable under the Act of 2000 are substantially replaced with new rules on entitlement to, and exposure to, costs orders for parties to these types of proceedings. A scale of fees for legal costs arising from these proceedings is to be introduced as well as an Environmental Legal Cost Financial Assistance Mechanism to provide financial assistance to persons and organisations bringing proceedings.

Chapter 3 of Part 9 of the Act of 2024 concerns transitional provisions. Section 303 provides for transitional arrangements that will apply the judicial review provisions of the Act of 2000 to decisions made or acts done under the Act of 2024 for an interim period, ending upon the commencement of Chapter 1 of Part 9 of this Act. As sections 50, 50A and 50B of the Act of 2000 will apply for an interim period to decisions made or acts done under the Act of 2024, in accordance with section 303, section 304 provides for minor amendments to the judicial review provisions of the Act of 2000 to facilitate comprehension and to update relevant citations.

It is anticipated that Chapter 3 will commence shortly alongside Part 17 (An Coimisiún Pleanála) to establish the transitional provision for the judicial review provisions under the Act of 2000 to apply to decisions made or acts done by planning authorities or the Commission under the Act of 2024.

It is intended that Chapter 1 will be commenced in Block A2 (consisting of Part 16 (Events and Funfairs)). This is subject to ongoing engagement with the Courts Service on the matter and the finalisation of the necessary secondary legislation.

The timing of the commencement of Chapter 2 is dependent on the preparation of the secondary legislation required to underpin it. This work is being led by the Department of Climate, Environment & Energy.

As with all aspects of the Act of 2024, provisions are to be bought into operation at the earliest possible opportunity, while taking into consideration the importance of ensuring the existing planning system remains fully operational at all times.