The Department of Housing, Local Government and Heritage has published its Implementation Plan for the Planning and Development Act 2024 (Act). The Act aims to improve clarity, consistency, and confidence in the planning process.
Phased Implementation for a Smoother Transition
The Act’s phased implementation is structured into four distinct blocks, each aligned with key provisions of the new legislation, to take place over 2025 and 2026.
Block A, set for early 2025, will see the establishment of An Coimisiún Pleanála (Commission), which replaces An Bord Pleanála. This phase also includes significant reforms to the judicial review process.
Block B, intended to commence in mid-2025, will focus on ensuring stronger policy alignment across all levels of planning. This includes updates to the National Planning Framework, Regional Spatial and Economic Strategies, and Development Plans.
Block C, to be commenced later this year, will introduce reforms aimed at improving the development consent process, including the introduction of statutory decision timelines. These measures will bring greater predictability and efficiency to the system while reducing delays for planning applicants.
Block D, set for sometime in 2026, will complete the rollout with any remaining legislative provisions
A copy of the Implementation Plan is available at www.gov.ie/planning.
The Act introduces several key reforms, each addressing critical aspects of the planning system.
1. Enhanced Forward Planning Structures and Hierarchical Consistency
The introduction of extended durations for local authority Development Plans from six to ten years, with a mandatory review every five years, strengthens the focus on long-term, strategic planning and will increase certainty for developers. A further welcome change under the Act will be improved consistency and alignment throughout all tiers of planning with the implementation of an integrated hierarchy of plan-making consisting of:
a) A National Planning Framework;
b) Three regional assembly Regional Spatial and Economic Strategies;
c) Thirty-one local authority Development Plans;
d) Area Plans as mandated or required by local authorities.
Plans lower in the hierarchy must now align with those higher up in the hierarchy.
2. Powers of the Office of the Planning Regulator (OPR)
Significant enhancements have been made to the role of the Office of the Planning Regulator (OPR), providing it with increased authority to enforce compliance with national and regional planning frameworks. The OPR will be empowered to intervene if a local authority's development plan fails to meet national policy objectives, underscoring a strong focus under the Act on monitoring and reporting local planning performance.
3. Mandatory Timelines for Decision-Making
The introduction of mandatory statutory timelines for decisions by the Commission is a key feature of the reforms - 18 weeks for standard development applications, 26 weeks for those requiring an Environmental Impact Assessment or Appropriate Assessment, and 12 weeks following the conclusion of an oral hearing. The Commission will have to notify applicants of expected decision dates and provide reasons for any delays. There will be financial penalties where the planning authority or the Commission fail to comply with the statutory timelines.
4. Streamlined Single Process for Applications to the Commission
Applications for certain strategically significant and nationally important developments will continue to be made to the Commission under Chapter 4 of the Act. However, the Act introduces a new requirement for mandatory pre-application consultation with the Commission.
The Act also streamlines the application process by providing a single application procedure for development comprising partly of strategic infrastructure and partly non-strategic elements, thereby reducing the administrative burden on applicants.
5. Reforms to the Judicial Review Process
The Act introduces significant changes to the judicial review process.
The requirement to apply for leave to bring judicial review proceedings will be removed, simplifying the process for initiating a judicial review. However, parties may apply to court to strike out judicial review proceedings for lack of standing, failure to commence proceedings within statutory timelines, and failure to exhaust available remedies.
Environmental NGOs will continue to have standing where they meet certain criteria. Unincorporated bodies, such as residents’ associations, also retain the right to pursue judicial review, provided they satisfy specific governance conditions.
The Act limits the circumstances where an applicant may amend its statement of grounds which generally must be confined to those initially submitted. This will reduce delay in the process.
The Act will allow a developer to notify the planning authority of judicial review proceedings thereby suspending the clock running on the duration of the permission while the proceedings are in being.
A noteworthy reform is the introduction of a mechanism giving the High Court a "fixing power" to stay proceedings to allow for an error in a decision to be corrected in lieu of quashing the decision.
Conclusion
The Act marks a significant reform in Ireland’s planning system. It is designed to create a more transparent and consistent planning environment. These changes will benefit local authorities, developers, and communities, ensuring the planning system is better positioned to meet Ireland's evolving development needs.
For more information please contact Emma O'Connell, Jeanie Kelly or your usual contact in Beauchamps.