Planning and Development (Amendment) Bill 2026: Committee and Remaining Stages
Seanad Éireann — 2026-07-14
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Kieran O'Donnell (FG), Limerick City

Sections 61 and 62 are connected and will operate together. It is important that both sections stand as part of the Bill. Section 61 is a technical, clarifying amendment to the definition of "material alteration" in section 138 of the 2024 Act to add a cross-reference to a new section 138A, as inserted by section 62 of the Bill.
Section 62 inserts a new section 138A in Chapter 5 of Part 4 of the 2024 Act in relation to alterations of existing permissions allowed for the purpose of alleviating the shortage of residential accommodation to enable the construction of greater numbers of dwellings in apartment schemes. The section operates such that subject to meeting the specific criteria set out in the Bill, requests may be made to a deciding authority under section 140 of the 2024 Act to make alterations to an existing permission for an apartment scheme. Under section 142 of the 2024 Act, where a requested alteration of a permission is not material, the deciding authority shall alter the permission accordingly.
Section 138A will apply to the development of dwellings in apartment buildings in circumstances where permission is granted before the coming into operation of the section, where the request for an alteration made under section 140(1) of the 2024 Act is made before the expiration of two years from the coming into operation of section 138A and where the development has not yet commenced before the date on which the request is made.
The specific criteria allowing alterations to apartment schemes that are covered by this measure are already established policy. They relate to the apartment mix, apartment floor areas, dual-aspect ratios, lift or stair cores, floor-to-ceiling heights of ground-floor apartments and consequential works necessary for the purpose of the above alterations or for ensuring access to the development, including works to footpaths, boundaries, gardens and balconies.
The Bill also sets out restrictions to the measures, including, in the case of residential development in a strategic development zone, that the alterations cannot cause the number of dwellings situated in that strategic development zone to exceed the permitted number in the applicable planning scheme and that an alteration of a permission cannot result in the proposed residential development being designed to accommodate more occupants than it would be designated to accommodate were the alteration not made. That is an important point.
The purpose of this measure is to help support the viability of the development of apartments in the immediate term by allowing the alteration of permissions already granted in certain circumstances. It is targeted at the significant number of apartment developments that have received planning permission but have not yet commenced. Depending on the circumstances, the option is open to the developer either to apply for new planning permission or apply to make an amendment to the existing permission.
The Government continues to be fully committed to ensuring that housing is delivered as quickly and effectively as possible. It is vitally important that we do all we can to support the building of housing developments that have already been granted planning permission, given the urgent need to encourage activation of housing development as quickly as possible. I commend these sections to the House and will press that they remain part of the Bill.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-07-14/debate/main
Retrieved: 2026-08-27T06:52:15+00:00
Sitting date: 2026-07-14