Law extending planning permissions held up by judicial reviews now in force

Legislation retrospectively extending planning permissions which have expired or are set to expire because of delays caused by judicial review proceedings has come into force.
The Planning and Development (Amendment) Act 2025 aims to maximise the use of existing planning permissions and prevent delays caused by legal challenges from hindering housing delivery.
It extends planning permissions for un-commenced housing developments nearing the end of their duration, allowing a renewed opportunity to activate sites and begin construction.
It also provides that time spent in judicial review proceedings will not be counted as part of the life of a planning permission, and can apply retrospectively to existing permissions which were or are subject to judicial review.
This builds on the existing provision in section 180 of the Planning and Development Act 2024, which did not apply retrospectively.
There are currently over 40,000 un-commenced residential units on 265 wholly inactive development sites within Dublin. Of these, it is estimated that permissions for around 15,000 are due to expire within the next two years.
Furthermore, just under 19,000 units over 52 sites have been subject to judicial review over the last five years and a further 3,000 units remain in judicial review.
Of those judicial reviews which have completed, almost 15,800 units have been permitted but the duration of the permission has been reduced due to the proceedings.
Housing, local government and heritage minister James Browne said: “Previous rules only allowed planning permission extensions for developments that have already started with substantial works carried out. The new law has changed this.
“By allowing those with permissions for housing development to apply on a temporary basis for an extension before starting construction, we’re tackling a key problem of permissions lapsing simply because there isn’t enough time left to begin and finish the project.
“This change gives developers the flexibility they need to deliver housing without unnecessary setbacks.
“This government’s top priority is to get homes built faster for people who need them.
“By extending planning permissions for un-commenced housing projects and ensuring judicial review delays don’t count against the permission clock, we are unlocking the construction of thousands of homes across Ireland.”
John Cummins, minister of state with responsibility for planning and local government, said: “We have made an important and practical decision to ensure sufficient time is given to activate planning permissions for much needed housing across our country.
“Significantly, holders of permissions that have been held up in judicial reviews or are currently subject to a judicial review can apply to a planning authority for a retrospective suspension of the permission for the period of the review.
“This step gives certainty to developers and their funders, helping housing projects — especially apartment schemes — reach completion without being delayed or cancelled due to time limits.
“It’s part of our wider effort to reform the planning system and ensure it works better for all stakeholders who wish to deliver homes for individuals and families nationwide.”