Time Periods under Planning Acts Extended until 9 May 2020
On 16 April 2020, the Government published a further Order (the Extended Order) under the new section 251A of the Planning and Development Act 2000 (as amended) (the Planning Acts), extending certain planning time periods during the Covid-19 emergency until 9 May 2020. This follows from an initial Order (the Original Order) made on 29 March 2020 which provided for an extension of time in respect of a range of specified and appropriate periods under the Planning Acts from 29 March to 20 April 2020. The Government has also published an updated FAQ document in relation to the Extended Order.
The key time periods affected relate to:
- The time for which planning authorities need to make a decision
- Public participation
- Requests for pre-planning meetings
- Site visits
- Newspaper notices
- Appeals to an Bord Pleanála
- Planning enforcement
- SHD applications and pre-application consultations
- Duration of planning permission
- County/City Development Plans, Development Plan Variations and Local Area Plans
- Judicial Review; and
- Applications for consent under the Foreshore Act 1933 (as amended).
Effect of the Time Period Extension
The effect of the Extended Order is to extend certain "specified" and "appropriate" time periods under the Planning Acts and related planning and building legislation for up to six weeks (i.e. 42 days). This is not to say all time periods referenced in the Planning Acts will be extended for a full 42 days. The exact duration and effect of the extension will depend on, for example, the date a planning application has been submitted or the date a decision has been made by An Bord Pleanála or a Planning Authority. As you can lose the entitlement to appeal a decision, or to challenge a decision by way of judicial review, if you are out of time, it is very important to check the implications of this legislation by reference to specific circumstances. The legislation provides that the extension of the time periods may be further extended up until 9 November 2020.
If you require further information or assistance in relation to the calculation of time periods, please contact Alison Fanagan, Consultant, Jason Milne, Partner or Chris Stynes, Solicitor or any member from the A&L Goodbody Environmental & Planning team.
Date published: 29 April 2020
*This article is for general information purposes only and should not be relied upon as a substitute for legal advice. The author(s) do not accept liability for any errors or omissions made.