C338

Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 266(12), (13), not commenced as of date of revision.

Area of special amenity

266.— …

(12) (a) An order under section 202 of the Act of 2000 made (but not confirmed under section 203 of that Act) before the repeal of that section by section 6 shall be deemed to be an order made but not confirmed under this section.

(b) An order under section 202 of the Act of 2000 that, immediately before the repeal of that section by section 6 was a special amenity area order within the meaning of that Act shall remain in force on and after that repeal and be deemed to be an order confirmed under this section.

(13) (a) Section 202 of the Act of 2000 shall continue to have effect on and after the repeal of that section by section 6 in relation to a direction given (but not complied with) under that section before such repeal, and accordingly the planning authority shall comply with the direction as soon as may be after such repeal in accordance with the said section 202.

(b) An order under section 202 of the Act of 2000 made in accordance with a direction referred to in paragraph (a) shall be deemed to be an order made, but not confirmed, under this section.

C339

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— ...

(ak) an order made, amended or revoked under section 202 of the Act of 2000,

...

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