COVID-19: Time Limits re Planning Matters to be Extended
On 24 March 2020, the Irish government published the Emergency Measures in the Public Interest (COVID-19) Bill 2020 (the “Bill”). The Bill is the second piece of emergency legislation introduced by the Irish Government in response to the serious public health crisis arising from COVID-19. As of 27 March 2020, the Bill has now been passed by Dáil Éireann and is due to be signed into law by President Michael D. Higgins in the coming days.
Part 3 of the Bill sets out how statutory deadlines relating to planning and development matters in Ireland are to be dealt with during the period of national emergency resulting from the COVID-19 pandemic. Part 3 inserts a new section, being section 251A, into the Planning and Development Act 2000, which allows for an extension of any “appropriate period, specified period or other time limit” contained in any of the following:
- sections 4(4), 6 and 17(6) of the Building Control Act 1990;
- the Derelict Sites Act 1990;
- the Planning and Development Act 2000;
- Part 2 of the Urban Regeneration and Housing Act 2015; and
- Chapter 1, Part 2 of the Planning and Development (Housing) and Residential Tenancies Act 2016.
The timespan of the extension is from the date when section 251A is enacted until such date as specified by ministerial order. The end date of the temporary emergency legislation may be extended a number of times by the government, subject to a longstop of 9 November 2020. The inclusion of a sunset clause is welcome given the temporary nature of this emergency legislation.
The practical effect of this legislation, once commenced, is to suspend all time limits within the planning system for a period of time as determined necessary by the government. This includes time limits relating to making submissions or observations re planning applications; for bringing judicial review proceedings; for enforcement of planning notices or breach of planning legislation; for deciding cases at local authority and An Bord Pleanála level; and for making appeals in relation to planning decisions.
The suspension of time limits doesn’t prevent developers from submitting new applications for planning permission. However, no decision can be made at present in cases requiring public consultation as the consultation window cannot close until such time as the emergency legislation re time limits is repealed. Any existing applications where the public consultation period expired prior to the COVID-19 emergency can be approved by planning authorities, but any such decisions are subject to appeal and accordingly the extended time limits are applicable to the appeals’ process.
If An Bord Pleanála is considering an appeal at present and all documentation and observations have been received, they can issue their decision in the usual way. Similarly, anyone who wants to make an observation on a pending application can still do so. Planning authorities and An Bord Pleanála are still able to make decisions which do not require public consultation.
In essence, the emergency legislation is being introduced as a temporary but necessary measure so that time limits for planning matters are simply extended to account for the disruption caused by the current COVID-19 health crisis. The impact of this emergency measure will be wide-ranging and many planning decisions will be delayed as a result, but its introduction is essential in order to ensure minimal disruption to the planning system during this period of unprecedented crisis.
How we can help
If you have any queries or concerns, or would like to discuss the above in further detail, please feel free to contact Aidan McMahon in our Real Estate Department on amcmahon@bhsm.ie / +353 (0)1 440 8300.
This article is for general information purposes. Legal advice must be obtained for individual circumstances. Whilst every effort has been made to ensure the accuracy of this article, no liability is accepted by the author for any inaccuracies.
- Share this article:
