Q: My wife and I are in the process of getting planning permission for a renovated home. We have been gathering up funds, getting quotes, and are finally able to push on. We are concerned that there are new planning rules coming into effect. Can you give me any guidance? We have been thinking about this for years and are worried we are back to square one now.
Dear Reader,
The Planning and Development Act 2024 has just passed the Dáil, but has not yet been signed into law – although that is expected quite soon. Many of the changes will not come into effect immediately, but over the coming months. There are substantial changes to planning law, but the new Act also collects and clarifies the existing planning laws.
At a high level, it allows the government to better coordinate and align policy across local authorities. This is, perhaps, unlikely to impact your particular planning permission.
The new Act sets out new timeframes for consideration of planning applications, including by the new appeals body An Coimisiún Pleanála (which replaces An Bord Pleanála). This should at least give you a clearer timeframe in which the local authority can consider your application.
If you require an amendment to your planning permission as granted, the new Act confirms that where the amendment or alteration is ‘non-material’ then the alternation “shall” be granted. This should mean that minor changes to planning should be easier to obtain.
The Act also provides that time allowed for construction (usually five years from the date of the grant) to be completed can be extended without works having started. Previously, substantial works had to be carried out before the local authority could extend time for completion.
The Act also sets out new procedures for confirming that an extension or alternation is an ‘exempted’ development. The local authority, or planning commission, must confirm that a property is exempted or otherwise in a set timeframe.
The Act also sets our new rules for judicial review of planning decisions. This may well not apply to you, but if the permission were to be challenged by a neighbour then these new rules, which seek to fast track the judicial review process, would apply to your home.
You should stay in contact with your engineer/planner in this regard. Whether the new rules and regulations under the Act apply to you will greatly depend on timing. Depending on the nature of your application, your planner can advise you whether to seek to submit your application sooner or wait until the newer rules are in effect.
