C46

Certain decisions, acts or omissions made subject to new judicial review provisions by Planning and Development Act 2024 (34/2024), s. 303A, as inserted (12.08.2026) by Planning and Development (Amendment) Act 2026 (27/2026), s. 115, S.I. No. 414 of 2026, art. 2(c).

[Application of Chapter 1 to certain decisions or acts under Act of 2000

303A. (1) Subject to subsection (2), Chapter 1 shall apply to—

(a) any decision made or act done in the performance, or purported performance, of a function under the Act of 2000 by an Act of 2000 body in respect of an Act of 2000 procedure, and

(b) any alleged failure of an Act of 2000 body to perform a function referred to in paragraph (a), as it applies to a decision made or act done in the performance, or purported performance, of a function by a relevant body under this Act, or the alleged failure by a relevant body to perform such a function.

(2) Chapter 1 shall apply and have effect, in accordance with subsection (1)—

(a) as if, in subsection (1) of section 279, the following paragraph were substituted for paragraph (a):

"(a) questions the validity of any decision made or act done in the performance, or purported performance, of a function under the Act of 2000 by an Act of 2000 body in respect of an Act of 2000 procedure, or questions the alleged failure of an Act of 2000 body to perform such a function, and",

(b) as if, in subsection (2) of section 279, the following paragraphs were substituted for paragraphs (a) and (b):

"(a) question the validity of any decision made or act done in the performance, or purported performance, of a function under the Act of 2000 by an Act of 2000 body in respect of an Act of 2000 procedure, or

(b) question the alleged failure of an Act of 2000 body to perform a function referred to in paragraph (a),",

and

(c) subject to the following and any other necessary modifications:

(i) references in that Chapter to a relevant body shall be construed as references to an Act of 2000 body;

(ii) references in that Chapter to Part 9 judicial review shall be construed in accordance with section 279 as modified by paragraphs (a) and (b);

(iii) references in that Chapter to this Act shall be construed as including the Act of 2000.

(3) Proceedings commenced under Chapter 1 as it applies in accordance with this section shall not be considered to be Part 9 judicial review proceedings for the purposes of Chapter 2.

(4) In this section—

"Act of 2000 body" means a planning authority (within the meaning of the Act of 2000), a local authority (within the meaning of the Act of 2000), the Commission, or the competent authority (within the meaning of the Aircraft Noise (Dublin Airport) Regulation Act 2019);

"Act of 2000 procedure" means a procedure under the Act of 2000 (including as that Act continues to apply and have effect in accordance with this Act following the repeal of any provision of it under section 6) that is initiated on or after the operative date by— ...

(b) a notice in relation to the amendment of a local area plan sent or published (whichever occurs first in the particular case) under subsection (3) of section 20 of the Act of 2000, in so far as such a plan continues in force in accordance with section 81,

...

"operative date" means the date of the coming into operation of section 115 of the Planning and Development (Amendment) Act 2026.]

C47

Transitional arrangements on repeal made (31.12.2025) by Planning and Development Act 2024 (34/2024), s. 81, S.I. no. 633 of 2025, art. 3(1) and sch. part 1 item 1.

Continuation in force of pre-commencement local area plans

81.—(1) Notwithstanding the repeal of section 20 of the Act of 2000 effected by section 6, a local area plan made under that section that was in force in respect of any particular area within the functional area of a planning authority immediately before such repeal shall continue in force on and after that repeal—

(a) for the remainder of the period stated in the plan for which it is to remain in force, or

(b) until a new development plan has been made under Chapter 5 in respect of the functional area to which the plan relates,

whichever is the shorter period.

(2) The members of a planning authority may, by resolution for the purposes of ensuring the effective operation of this Part, extend for such period as they consider appropriate, the period for which a local area plan continued in force under subsection (1) is to remain in force provided that a new development plan has not been made under Chapter 5 in respect of the functional area to which the plan relates.

...

C48

References to specific planning policy requirements construed as references to National Planning Policies and Measures during transitional period (2.10.2025) by Planning and Development (Amendment) Act 2025 (9/2025), s. 35(1)(b)(iii), S.I. No. 453 of 2025.

Construction of references in Act of 2000

35. (1) An unrepealed provision and any instrument under an unrepealed provision shall—

(a) on and after the coming into operation of the repeal of Part II of the Act of 2000 by section 6 of the Principal Act, and

(b) pending the coming into operation of the repeal of the said provision under subsection (3) of section 1 of the Principal Act,

apply subject to the following modifications:

...

(iii) references in that unrepealed provision or instrument to specific planning policy requirements shall be construed as references to National Planning Policies and Measures within the meaning of the Principal Act;

...

(2) In this section “unrepealed provision” means a provision of the Act of 2000, the repeal of which by section 6 of the Principal Act has not, for the time being, come into operation.