Extension to planning permissions delayed by judicial reviews

Extension to planning permissions delayed by judicial reviews

A retrospective extension to planning permissions which would otherwise expire as a result of delays caused by judicial reviews is set to be enacted this month.

The Planning and Development (Amendment) Bill 2025 will be published this week following its announcement in May, with a view to its enactment before the summer recess later this month, ministers have said.

The bill will allow for the provisions of section 180 of the new Planning and Development Act 2024 to retrospectively apply to permissions that have already been through judicial review — or are currently in judicial review — and are subsequently permitted.

The government says this will avoid a situation whereby in the past planning permissions have expired due to delays caused by the judicial review process.

It will also enable an application for an extension of duration of permission to be made on permissions for housing development that are nearing the end of their duration period and have not yet commenced.

Housing, local government and heritage minister James Browne said: “My priority is the delivery and supply of homes, and cutting down and cutting out the blockages to that delivery in the system we have.

“This is a common sense measure to realise the full potential of permissions for housing that are due to expire shortly, but have not yet been commenced.

“I am stepping in to save these permissions from lapsing, to ensure that these homes do not get lost. The situation is far too urgent for people who are waiting to let that happen.”

He added: “In particular, with regard to permissions which have been delayed due to judicial review proceedings, we are ensuring that the potential for thousands of homes to be built is safeguarded and that these developments are given time to progress.”

John Cummins, minister of state for planning, added: “This is a practical and agile initiative to ensure that sufficient time is given to activate planning permissions for much needed housing across our country.

“It is another measure this government is taking to ensure that the planning process serves the people and delivers much needed homes for individuals and families throughout the country.

“We do not want to see vital housing projects, particularly apartment schemes lost due to unavoidable delays.

“By extending planning permissions we are giving certainty to permission holders and, crucially their funders, that developments can reach practical completion without the fear of timing out.”

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