Planning and Development Act 2024
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.
F13[(1A) Notwithstanding the repeal of section 20 of the Act of 2000 by section 6, a local area plan to which subsection (8) applies shall remain in force until—
(a) the expiration of such period as is specified in the plan, or
(b) the first making of a development plan under Chapter 5 in respect of the functional area to which the plan relates,
whichever occurs sooner].
(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 F14[subsection (1) or (1A)] 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.
(3) Prior to adopting a resolution under subsection (2), a planning authority shall comply with any applicable requirements of the Strategic Environmental Assessment Directive (and the Strategic Environmental Assessment Regulations) and the Habitats Directive (and Part 6).
(4) Where the members of the planning authority extend the period for which a local area plan is to remain in force under subsection (2) and a new development plan is made under Chapter 5 before the expiry of the period as extended, the local area plan concerned shall cease to have effect upon the coming into effect of the new development plan.
(5) Where the members of the planning authority extend the period for which a local area plan is to remain in force under subsection (2), the chief executive of the planning authority shall, as soon as practicable thereafter, notify the Minister of the extension.
(6) A planning authority may, during the period that a local area plan made by it remains in force by virtue of F14[subsection (1) or (1A)], amend that plan.
F13[(6A) Notwithstanding the repeal of Part II, Part XAB or Chapter III of Part IIB of the Act of 2000 by section 6, the said Parts II and XAB and that Chapter shall continue to apply and have effect in relation to a local area plan for the time being in force by virtue of subsection (1) or (1A).]
(7) Where a provision of a local area plan F14[to which subsection (1) or (1A) applies] conflicts with—
(a) a provision of the National Planning Framework or the relevant regional spatial and economic strategy for the time being in force, the provision of the National Planning Framework or the relevant regional spatial and economic strategy, as the case may be, shall take precedence,
(b) National Planning Policies and Measures contained in a National Planning Statement issued under section 25, the National Planning Policies and Measures shall take precedence, and
F14[(c) a provision of a development plan —
(i) continued in force under subsection (1) of section 68, or
(ii) prepared, or varied, in accordance with section 69, that provision of that development plan shall take precedence.]
(8) F13[Where a planning authority complies with paragraphs (a) and (b) of subsection (3) of section 20 of the Act of 2000 before the commencement of the repeal of Part II of that Act —
(a) Parts II and XAB, and Chapter III of Part IIB, of that Act shall, on and after such repeal, continue to apply and have effect for the purposes of —
(i) the notice sent under subparagraph (i) of the said paragraph (a), and
(ii) the notice published under subparagraph (ii) of that paragraph,
and
(b) the planning authority may, subject to the said Parts II and XAB and that Chapter, make the local area plan concerned, or make the amendment or revocation concerned, on or after such repeal.
(9) References in this Act (other than Parts 3 and 6 and Chapter 3 of Part 18) to an urban area plan shall be construed as including references to a local area plan made under section 20 of the Act of 2000 for the time being in force by virtue of this section.]
Annotations
Amendments:
F13
Inserted (24.07.2025) by Planning and Development (Amendment) Act 2025 (9/2025), s. 15(a), (d), (f), commenced as per s. 1(5).
F14
Substituted (24.07.2025) by Planning and Development (Amendment) Act 2025 (9/2025), s. 15(b), (c), (e), commenced as per s. 1(5).