Planning and Development (Amendment) Act 2025

• Permanent Page URL

Amendment of section 42 of Act of 2000

28. Section 42 of the Act of 2000 is amended—

(a) in subsection (1), by the substitution of “but subject to subsections (1B) and (8)” for “but subject to subsection (8)”,

(b) by the insertion of the following subsections:

“(1A) Where development consisting of, or including, one or more than one house in respect of which permission was granted has not commenced within the appropriate period, a planning authority shall, subject to subsection (8), extend the appropriate period by such additional period (not exceeding 3 years) as the planning authority considers requisite to enable the development concerned to be completed, provided that—

(a) an application is made (in accordance with such regulations under this Act as apply to such an application)—

(i) before, but not earlier than 2 years before, the end of the appropriate period, and

(ii) not later than 6 months after the date on which section 28 of the Planning and Development (Amendment) Act 2025 comes into operation,

to the planning authority for an extension of the appropriate period, and

(b) the authority is satisfied that the development will be completed within a reasonable time.

(1B) A person shall not be entitled to make an application under subsection (1) if the appropriate period in respect of the permission concerned was, at any time, extended under subsection (1A).”,

(c) in subsection (2), by the substitution of “subsection (1) or (1A)” for “subsection (1)”,

(d) in subsection (4), by the insertion of “under subsection (1)” after “permission”,

(e) by the insertion of the following subsections:

“(4A) Where a planning authority has extended the appropriate period in relation to a permission under subsection (1A), that planning authority may, subject to subsections (4B), (4C), (7A) and (8), extend the appropriate period by such further additional period as the planning authority considers requisite to enable the development concerned to be completed, provided that—

(a) an application is made (in accordance with such regulations under this Act as apply to such an application) before, but not earlier than 2 years before, the end of the appropriate period to the planning authority for a further extension of the appropriate period, and

(b) the planning authority is satisfied that the development will be completed within a reasonable time.

(4B) A person shall not be entitled to make an application under subsection (4A) if the appropriate period in respect of the permission concerned was already extended under that subsection.

(4C) The aggregate of the extensions of the appropriate period under subsections (1A) and (4A) shall not exceed 5 years.”,

(f) by the insertion of the following subsection:

“(7A) A planning authority shall not grant an extension under subsection (4A) unless it is satisfied that—

(a) the development to which the permission relates was commenced before the expiration of the appropriate period sought to be extended,

(b) substantial works were carried out pursuant to the permission during that period, and

(c) the development will be completed within a reasonable time.”,

and

(g) by the insertion of the following subsections:

“(9) An extension of the appropriate period under subsection (1A) shall cease to have effect if the development to which the extension relates is not commenced before the expiration of the period of 18 months from the date on which section 28 of the Planning and Development (Amendment) Act 2025 comes into operation.

(10) In this section ‘permission’ includes permission under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 .”.