Extension of Duration – 2000 & 2024 Planning & Development Acts Comparison

Comparison of the Acts: 2000 & 2024

An Overview of Key Changes

The current legislative provisions for extending the duration of a planning permission are outlined under Sections 42 and 43 of the Planning and Development Act 2000, as amended (the “2000 Act”). The Planning and Development Act 2024 (the “2024 Act”) was signed into law on 17th October 2024, phased commencement is expected, alongside transitional provisions. As such, the relevant provisions of the 2000 Act will remain in effect until the corresponding sections of the 2024 Act are commenced.

The following outlines some of the key changes for the extension of duration of a permission between the two Acts.

• The 2024 Act is the broader scope of the provision, allowing not only duration extensions but also modifications to the terms of the original approval, i.e., a fast-track modification option for “non-material” amendment and extension of permission.
  
• Unlike the 2000 Act, whereby “A planning authority shall not extend the appropriate period under this section in relation to a permission if an environmental impact assessment or an appropriate assessment would be required in relation to the proposed extension concerned”, the 2024 Act helpfully provides greater flexibility, allowing for the possibility of extensions under these circumstances.
  
• In terms of transitional period, Section 140(14) of the 2024 Act provides that notwithstanding the repeal of Section 42 of the 2000 Act, it will continue to apply to a permission granted under the 2000 Act or the Planning & Development (Housing) & Residential Tenancies Act, 2016 (SHD) for a period of 3 years, meaning one cannot avail of the new provisions under the 2024 Act prior to 16th October 2027.
  
• Under Section 42(2)(c) of the 2000 Act, the criteria for extending the “appropriate period” include: (i) the development began before the expiration of the period, (ii) substantial works were completed during that time, and (iii) the development will be finished within a reasonable timeframe. The 2024 Act revises these criteria by replacing the requirement for “substantial works” by a need to demonstrate that development has commenced.
  
• Section 140(8) of the 2024 Act adds an additional layer of complexity to determining the ‘materiality’ of an extension of duration (i.e., whether or nor not it is material) by stating, “Before making a determination under subsection (7), the deciding authority may invite submissions on the alteration or extension to be made to it in writing by such person or class of person, including the public, as the deciding authority considers appropriate, and the deciding authority shall have regard to such submissions in making the determination”.
  
• Where the extension or alteration is considered material, there are requirements for public participation, environmental screening/assessments, and a fresh evaluation against the most recent development plan. This introduces rights of appeal and the possibility of new conditions being attached to the grant of permission. Additionally, the decision may be subject to judicial review, similar to the provisions under the 2000 Act.
  
• Assessment of a permitted development, for which the permission is to be extended, against the
  Development Plan in place at the time of decision on the extension, may lead to some developments being considered non-compliant with a new Development Plan, and therefore an extension cannot be granted by the planning authority without utilising a material contravention process.
  
• Public consultation is required where the proposed extension or modification to a permission is deemed material by the Planning Authority, however, as outlined in Section 143(7)(a), “any such appeal shall be confined to an appeal regarding the alteration or extension requested, and references to the development or proposed development shall be construed as references to the alteration or extension requested”.
  
• Part 9, Section 281(1)(a) of the 2024 Act outlines that the applicable time limit for judicial review is eight weeks, starting from the date of the decision.

Note. This Planning Insight summarises some of the key provisions of the 2024 Act concerning the extension of duration or alterations to planning permissions. The provisions of the Act are complex, and specialist advice should be sought in assessing any particular case.

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