Covid Extensions
Development Plan Time Schedule
The Planning and Development (Amendment) Act 2021 provides, in response to the disruption caused by restrictions introduced in response to the Covid-19 pandemic, for an additional period for the preparation of development plans required by planning authorities, that planning authorities may extend the duration of existing development plans pending the preparation and making of new development plans, subject to the requirement to carry out certain environmental assessments, for notification of proposals to extend the duration of existing development plans to the Office of the Planning Regulator and other persons, and for the further extension of the duration of the appropriate period of certain planning permissions.
Planning and Development (Amendment) Act 2021, which will apply until 1 January 2024, relates to the provision of an additional period of up to 1 year for the completion of the review, the preparation and the making by a planning authority of a development plan, having regard to the disruption to development plan preparation caused by restrictions introduced in response to the Covid-19 pandemic.
A planning authority, where they have commenced the development plan review process, but it has not been completed before the commencement of the Act, may decide that a further period of up to but not exceeding one year of additional time may be necessary, given the extraordinary circumstances arising from the restrictions to complete the review, the preparation and to make a new development plan.
Further Extension
Where the planning authority considers that additional time may be necessary, they must first decide that their existing development plan or plans can be extended, and in particular the requirements in respect of strategic environmental assessment and appropriate assessment, before they can decide to take the additional time to prepare the new development plan.
The elected members of a planning authority may resolve, by a majority of three-quarters of the members, a further period of up to but not exceeding 1 year of additional time may be necessary to complete the review, the preparation and to make a new development plan.
Where a planning authority has decided that such additional time may be necessary and that planning authority has subsequently decided to extend the duration of their existing development plan or plans, a planning authority may decide that a further period is necessary to complete the development plan review and to prepare and make a new development plan.
Further Period
A planning authority may decide, after making an initial decision that a further period or periods may be necessary in addition to the period specified in its initial decision, but the cumulative period which the authority may decide is necessary, to complete the development plan review and to prepare and make a new development plan shall not exceed one year.
Where a planning authority decides that a further period is necessary to complete the development plan review and to prepare and make a new development plan, the planning authority shall, as soon as may be after making the decision or decisions, as the case may be, notify the Office of the Planning Regulator of its decision and the planning authority shall provide to the Office of the Planning Regulator an indicative programme for the making of a new development plan within that further period or periods.
Existing Development Plan
There is an provision which will apply until 1 January 2024, concerning the extension of duration of an existing development plan, pending the preparation and making of new development plans having regard to the disruption to the preparation of such plans caused by restrictions introduced in response to the Covid-19 pandemic.
Where a planning authority that it may be necessary to extend the period to complete the review of the existing development plan, existing development plans and to prepare a new development plan for its functional area pending the making by a planning authority of its new development plan, the planning authority may decide to extend the duration of the existing development plan or plans for its area for a further period or periods which shall not exceed one year, subject to conditions.
Before a planning authority makes a decision to extend the duration of an existing development plan, it must first be satisfied that either the extension of the duration of the existing development plan for any additional period of up to 1 year would not be likely to result in significant environmental effects or to have a significant effect on a European site, or that the planning authority has undertaken a strategic environmental assessment or appropriate assessment, or both such assessments, as required, in respect of the extended period.
There are arrangements for notification and publication relating to the proposed extension of duration of the existing development plan or plans, with a requirement for the chief executive to prepare a report for the members of the planning authority within 8 weeks of the notification of the proposed extension of duration.
Process I
The members of the planning authority shall be restricted to considering the reasons for considering that a further period may be necessary to complete the development plan review and to prepare and make a new development plan, and whether the effect of the proposed extension of the duration of the existing development plan is likely to have (i) significant effects on the environment or a significant effects on a European site, or both, or adverse effects on the integrity of a European site.
There are requirements for screening for and/or carrying out an appropriate assessment in respect of the proposed extension of duration of the existing development plan.
The planning authority may, having considered the proposed extension of the duration of the existing development plan or plans and the chief executive’s report, decide, by a vote in favour of the resolution by a simple majority of the members of the planning authority concerned present at an ordinary or special meeting, to extend the duration of the existing development plan or plans for a period not exceeding one year.
There are requirements relating to notification of the decision to extend the existing development plan;
A person shall not question the validity of the extension of the duration of a development plan by reason only that the procedures as set out were not completed within the time required;
Where the duration of an existing development plan or plans is or are extended under, that development plan or those plans shall continue to have effect until a new development plan takes effect, at which time the existing development plan or plans shall cease to have effect.
Process II
Where a planning authority decides that a further period or periods is or are necessary to complete the review of the existing development plan or plans and to prepare and make a new development plan, it may make a further decision to extend the duration of the existing development plan or plans but the cumulative period of any further extension or extensions of the duration of such plan or plans shall not exceed one year.
A reference to an existing development plan shall include, where applicable , a reference to existing development plans. This shall cease to have effect on 1 January 2024.
The chief executive shall not make the development plan provided that the planning authority makes the plan during any extended period provided for.
The planning authority is to notify the Office of the Planning Regulator of the proposed extension of duration of an existing development plan, including a requirement for the relevant regional assembly to send a copy of any submissions or observations it may make to a planning authority in this regard to the Office of the Planning Regulator.
Extension of Completion Period
Where an application is made to a planning authority setting out the reasons why a development cannot be reasonably completed within the appropriate period in respect of a particular permission, the planning authority shall further extend the appropriate period by an additional period of up to 2 years or until 31 December 2023, whichever first occurs. The planning authority can only extend the appropriate period where it considers the extension is required to enable completion of the development and is satisfied that‑
- an environmental impact assessment or appropriate assessment is not required in relation to the extension,
- the application is in accordance with the permission regulations and any requirements of or under those regulations are complied with, and
- the development was commenced and substantial works carried out.
In the case of permission where the appropriate period as extended or further extended expired during the period beginning on 8 January 2021 and ending on the day the Act commenced, the planning authority must be satisfied that the application is made within six months from the date the section of the Act comes into operation. In the case of permission where the appropriate period as extended or further extended expires on or after that date, the application must be made within the period.
For the purposes of screening for and carrying out of an appropriate assessment with regard to the likely effects of extending the duration of the existing development plan on the integrity of a European site, the references in Part XAB of that Act to ‘Land use plan’ or ‘draft Land use plan’ would also mean ‘a proposed extension of the duration of an existing development plan’, and the competent authority for these purposes is the relevant planning authority.
State Sector Development
There is a procedure which allows a Government Minister to provide by order that the Act does not apply to specific developments to be carried out by or on behalf of a Minister or the Commissioners for Public Works where such development is required by reason of an accident or emergency. In this context, it ensures that such Ministerial orders can be made in respect of development to be carried out by or on behalf of a statutory undertaker and provide that Ministerial orders cannot dis-apply the provisions concerning the judicial review of planning functions and costs in environmental matters or section 181 itself to development.
The definition of “proposed development” is amended to include development to be carried out by or on behalf of a statutory undertaker. This amends provisions concerning the consideration of environmental impact assessment and appropriate assessment requirements for development proposed to be subject to a Ministerial order, the requirement for approval of An Bord Pleanála and the preclusion on the making of an order in respect of development requiring environmental assessment without prior approval where applicable, to include reference to development proposed to be carried out by or on behalf of a statutory undertaker.
The Planning and Development (Amendment) Act 2021 extends the obligation to carry out or have carried out development to which an approval by An Bord Pleanála relates in accordance with any conditions attached to that approval to statutory undertakers. It provides for an amendment to include a provision permitting a condition to be imposed as part of a planning permission that will not attract compensation, which condition may relate to the persons of a particular class or description to whom the use of a dwelling may be restricted.