Planning and Development (Amendment) Bill 2026: Second Stage
Seanad Éireann — 2026-07-09
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John Cummins (FG), Waterford

Following its successful passage through Dáil Éireann, I am pleased to bring the Planning and Development (Amendment) Bill 2026 before the Seanad. The main purpose of this important Bill is to support and facilitate the smooth commencement and implementation of the remaining provisions of the Planning and Development Act 2024. I anticipate that the remaining provisions of the Act of 2024 will be brought into effect later this year. Additional proposed provisions to this Bill intend to provide clarity and to introduce further policy direction to speed up the timely introduction of ten-year county and city development plans. Another aim of the Bill is to deploy the new procedural rules and parameters for planning judicial reviews sooner by applying them to acts done or decisions made under the Planning and Development Act 2000 and to facilitate the delivery of a number of actions contained in the 2025 accelerating infrastructure action plan to enhance the timely delivery of critical infrastructure projects.
Senators will no doubt recall the scale and vision of the Planning and Development Act 2024, which was signed into law by the President in October of 2024. That important body of legislation is the third largest piece of legislation to be enacted in the history of the State. Given the scale of the 2024 Act, it has been necessary and appropriate to commence and implement that Act on a phased basis to facilitate the gradual transition from the arrangements under the current legislative framework to those under the new Act.
The ongoing commencement and implementation of the 2024 Act remains a key priority for this Government, and a considerable volume of the legislation has already been brought into operation, with the remaining provisions on track to be commenced by the end of this year and subsequent to the enactment of this Bill. In addition to this Bill, my Department is in the process of finalising the revised planning regulations that are to accompany the 2024 Act. My officials continue to work closely with local authorities and a range of other key stakeholders to help ensure the planning sector is ready for full implementation.
As already stated, the primary purpose of the Bill is to support the smooth commencement and implementation of the remaining provisions of the Planning and Development Act 2024, a process that is due to take place later this year. The proposed amendments in the Bill can be broken down into five keys areas.
First, the Bill amends Part 3 of the Planning and Development Act 2024 to accelerate the move to plan making under the 2024 Act and to help ensure that necessary transitional measures already provided for will operate as originally intended in line with the hierarchy of plan-making. It is important to note that Part 3 of the 2024 Act was commenced last year and is already being operated by planning authorities.
I recognise that the ongoing practical implementation of the transition across the 2024 Act from the existing legislative framework does present a challenge for the current system from both a capacity and prioritisation perspective. The proposed amendments in this Bill provide clarity and further policy direction on a number of important matters, including the Government's expectations around the timely introduction of ten-year county and city development plans under the 2024 Act. The approach is being discussed in detail and worked through with all key stakeholders, including the Office of the Planning Regulator and representatives of planning authorities.
In the context of the proposed amendment to Part 3 of the 2024 Act, the Bill will ensure that the review of the three regional spatial and economic strategies are completed in a timely manner by introducing a deadline of 31 December 2027 for the completion of those reviews. This will allow planning authorities to amend the expiry dates of their current development plans for a defined maximum period to between February and December 2030.
This new expiry date will act as a trigger for the adoption of new ten-year development plans under the 2024 Act and will mean the planning authorities must begin the process of making their new plans under the 2024 Act beginning in July 2027 until July 2028 at the latest. It will also make it clear that since the commencement of Part 3 at the end of 2025, all development plan reviews must be carried out under the 2024 Act only.
The Bill extends and applies the judicial review provisions in Chapter 1 of Part 9 of the 2024 Act to acts done or decisions made under the Planning and Development Act 2000. We are all aware of the number of planning proposals that are delayed due to judicial review proceedings, which is why the changes to the judicial review process were introduced in the first place under the 2024 Act and subsequently brought into operation in August 2025. Given the lead-in time before there could be a formal decision made or an act done under the 2024 Act that could be subject to judicial review, it would likely be several months after the commencement of Part 4 of the 2024 Act before the new planning and judicial review rules would have an impact on proceedings. In order to further expedite judicial review processes, it is now proposed to extend the judicial review provisions in the 2024 Act to decisions made or acts done under the 2000 Act. This change will speed up the transition to the new rules and means that they will have an earlier impact in the second half of this year.
The process being updated includes the removal of the requirement to apply for leave to apply for judicial review proceedings, which reduces the time required for such proceedings, removes unnecessary additional legal costs to all parties and amends various procedural rules relating to such proceedings. These changes will mean that the expected benefits of the new judicial review process will have an earlier positive impact on the planning system. The judicial review procedures in the 2024 Act were subject to extensive engagement with the Office of the Attorney General during the drafting of the Act and were reviewed for compliance with all international obligations.
A range of measures in the Bill are proposed to enhance the delivery of critical infrastructure projects and complete several actions assigned to my Department in the 2025 accelerating infrastructure action plan. This includes the introduction of a definition of material contravention of the development plan, which should assist in the timely development of critical infrastructure and housing projects by providing clarity and certainty for the decision-making process and thereby helping to avoid the potential for a legal challenge. It also includes a number of other amendments to streamline certain application processes for critical infrastructure projects, including those carried out by or on behalf of statutory undertakers. In addition, the Bill also proposes to make amendments allowing for the modification of an existing permission in accordance with appropriate apartment design criteria. This is in direct response to the significant number of apartment developments that have received planning permission but have not yet commenced and will help to support the viability of the development of apartments in the immediate term.
Following a comprehensive internal review of the 2024 Act earlier this year, and engagement with the Office of Parliamentary Counsel on the drafting of corresponding provisions, a number of amendments are proposed to clarify screening obligations and processes for appropriate assessment and environmental impact assessment, such as clarification regarding competent authorities. The amendments have been drafted on a no policy change basis and will support the commencement and smooth implementation of the remaining provisions of the 2024 Act by ensuring that the relevant provisions operate as intended.
Finally, the Bill includes a large number of technical amendments that make up over 50% of the heads of the Bill. These are technical in nature and propose to correct cross-references and typographical errors, as well as to clarify the existing text without changing its intent. The Bill also includes amendments to provide for the formal repeal of the vacant sites provision in the Urban Regeneration and Housing Act 2015, as they have now been superseded by the residential zoned land tax. Amendments to the Housing Finance Agency Act 1981 are also proposed to increase the statutory borrowing limit of the Housing Finance Agency from €13.5 billion to €15 billion. The Housing Finance Agency provides low-cost finance to approved housing bodies, local authorities and higher education institutions for social, affordable and student housing. This amendment will enable the Housing Finance Agency to continue to fund social and affordable homes to June of next year and ensure there is no interruption to its housing pipeline.
I will conclude by emphasising that the proposed measures in the Bill intend to address a number of important and time-sensitive matters that are highly relevant to the planning system. As the House is aware, the ongoing commencement and implementation of the 2024 Act remains a key priority for me and the Government and we want to ensure the remainder of the 2024 Act is commenced as soon as possible. With the continued support of both Houses, I hope to be in a position to enact the Bill before the summer recess. It provides legislative clarification and certainty for the planning sector, including for planning authorities and An Coimisiún Pleanála, so that they can finalise its preparations for implementation of Part 4 of the 2024 Act. I welcome further engagement on this important Bill and look forward to discussions on Committee Stage. I commend the Bill to the House.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-07-09/debate/main
Retrieved: 2026-08-14T04:55:11+00:00
Sitting date: 2026-07-09