New Legislation to Extend Expiring Planning Permissions Amid Delays

Planning permissions that have expired or are on the verge of expiry due to delays from judicial review proceedings are set to receive a lifeline through new legislative measures. The proposed Planning and Development (Amendment) Bill 2025 aims to address these issues and is currently being prioritised for enactment before the summer recess, according to recent government announcements.

This legislative initiative will allow extensions for housing development permissions that are nearing their expiration and have not yet been acted upon. Furthermore, it will apply retrospectively to permissions that have undergone judicial review or are presently under review and subsequently permitted.

The proposed bill aims to exclude the duration of judicial review proceedings from the effective life span of planning permissions. This move seeks to rectify instances where permissions have lapsed due to delays in the judicial review process.

Amendments to Provide Clarity

The bill will also introduce amendments to the 2024 Planning and Development Act, providing clearer guidance to local authorities on transitional arrangements related to development plans. Housing, local government, and heritage minister, James Browne, highlighted the importance of these changes, emphasising the need to overcome recent challenges in the sector.

Minister Browne stated, “This initiative is about ensuring that important developments are not lost due to sectoral challenges. There are numerous permissions pending expiration that require an extension to avoid losing potential housing units.”

Over 40,000 uncommenced residential units exist across 265 inactive development sites in Dublin alone. Of these, approximately 15,000 units face imminent expiration within the next two years. Additionally, nearly 19,000 units across 52 sites have been subject to judicial review over the past five years, with around 15,800 units permitted but with their permission duration eroded due to review proceedings. A further 3,000 units remain under judicial review.

Addressing Expired or Delayed Permissions

The bill aims to tackle these challenges head-on, ensuring that planning permissions are effectively utilised. Minister Browne expressed a commitment to seeing projects commence promptly, highlighting that developers will benefit from extensions only if they initiate work within a specified timeframe.

John Cummins, the minister of state for planning, remarked on the practical significance of the bill, aiming to provide sufficient time to activate planning permissions critical for housing needs nationwide. The bill will permit current holders of uncommenced housing development permissions to apply for extensions of up to three years. However, they must apply within six months of the legislation’s commencement and begin construction within 18 months.

Currently, extensions are limited to developments already underway and substantially complete. By allowing pre-commencement extension applications, the bill seeks to prevent permissions from lapsing due to insufficient time to initiate projects.

These legislative efforts mark a proactive approach to overcoming procedural delays and ensuring that the full potential of granted planning permissions is realised, thereby contributing significantly to addressing housing shortages.