C344

Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 273, not commenced as of date of revision.

Orders, notices and appeals under section 207 of Act of 2000

273.—(1) An order under section 207 of the Act of 2000 in force immediately before the repeal of that section by section 6 shall—

(a) continue in force and have effect on and after such repeal, and

(b) be deemed to be an order made under section 269,

and may be amended or revoked accordingly.

(2) Section 207 of the Act of 2000 shall continue in force and have effect on and after the repeal of that section by section 6 in relation to—

(a) a notice served and published in accordance with the said section 207 before the said repeal, and

(b) the appeal of an order under the said section 207 pending immediately before the said repeal.

C345

Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 269(10), not commenced as of date of revision.

Creation of public rights of way compulsorily

269.— …

(10) A public right of way created under an enactment repealed by this Act or by the Act of 2000 that was in force immediately before the commencement of this section shall be deemed to have been created under this section.

C346

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— ...

(am) a notice served or published (whichever occurs first in the particular case) under subsection (2) of section 207 of the Act of 2000, or an appeal brought under subsection (5) of that section concerning such a notice where the notice is served on or after the operative date,

...

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