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Timeline for the Planning and Development Act 2024

The Planning and Development Act 2024 (2024 Act) was signed into law on 17 October 2024. Since our last insight where we highlighted points of interest for developers, we have published a quick-reference guide that simplifies the key aspects and implications of the new legislation.

In this update, we review the transitional provisions of the 2024 Act and the timeline for commencement of the new provisions.

Repeal of 2000 Act and transition to new provisions

While the 2024 Act has been signed into law, the Planning and Development Act 2000 (the 2000 Act) will continue to apply until repealed and the new provisions commenced by way of Ministerial Order. The phased commencement is expected to take place up to early 2026.

The first commencement order[1] came into effect on 2 December 2024 and commenced Part 26 as well as some preliminary procedural matters. Part 26 relates to the acquisition of certain NAMA assets and the establishment of owners’ management companies by the Land Development Agency.

Timeline for commencement

We understand that the next phase of commencement will take place in the course of Q1 2025. This phase is expected to include the transition from An Bord Pleanála to An Coimisiún Pleanála.

We understand that by Q2 2025 the commencement of provisions addressing development plans and guidelines is expected to occur. Provisions relating to the Office of the Planning Regulator are also expected to come into effect within this timeframe.

We understand that by Q4 2025 the provisions of the 2024 Act relating to consents are to be introduced. Finally, by Q1 2026, the new rules governing judicial review are expected to be commenced.

Transitional provisions

Broadly speaking, any planning process commenced under the 2000 Act will continue under that Act even after the relevant provision has been repealed under the 2024 Act. For example, where an application or appeal has been made before the repeal of the 2000 Act, the 2000 Act will continue to apply.

Developers should be aware that there are certain exceptions. For example, a planning application for a “Chapter 4” development may be lodged under the 2024 Act, even if the Strategic Infrastructure Development pre-application process was completed under the 2000 Act before the repeal of that Act.

Conclusion

There will be some complexity involved in navigating the applicability and interaction of provisions under the 2000 Act and the 2024 Act during this transitional period.

Developers should be alert to the commencement of the new rules to ensure they follow the correct procedure and time their planning processes to take advantage of any beneficial changes introduced in the 2024 Act.

Please get in touch with a member of our Planning and Environment team if you would like to discuss.

The content of this article is provided for information purposes only and does not constitute legal or other advice.

[1] S.I. No. 662/2024 - Planning and Development Act 2024 (Commencement) Order 2024



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