Planning and Development (Amendment) Act 2025

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Amendment of section 180 of Principal Act

16. Section 180 of the Principal Act is amended by—

(a) the substitution of the following subsection for subsection (9):

“(9) This section applies to—

(a) a permission, other than—

(i) retention permission,

(ii) retrospective consent,

(iii) an extension of the duration of a permission under Chapter 5, or

(iv) outline permission within the meaning of section 96,

and

(b) a permission or approval under the Act of 2000 deemed to be a permission under this Act by virtue of section 188, other than—

(i) permission for retention of development under the Act of 2000, or

(ii) outline permission for development granted under section 34 of the Act of 2000 upon an application referred to in subsection (1) of section 36 of that Act.”,

and

(b) the substitution of the following subsection for subsection (10):

“(10) (a) This section also applies to relevant permission in respect of which Act of 2000 judicial review proceedings are brought before, on or after the date of the coming into operation of this section, subject to the following modifications:

(i) references to Part 9 judicial review proceedings shall be construed as references to Act of 2000 judicial review proceedings; and

(ii) references to permission shall be construed as references to relevant permission.

(b) Where Act of 2000 judicial review proceedings have concluded, the notice under subsection (1) shall be accompanied by a declaration by the person who proposes to carry out the development concerned that the development did not substantially commence before the conclusion of those proceedings.

(c) For the purposes of the application of this section to Act of 2000 judicial review proceedings, a development has not substantially commenced by reason only of the commencement of works for the maintenance, security or protection of the land or maritime site on which the development is proposed to be situated.

(d) In this subsection—

‘Act of 2000 judicial review proceedings’ means judicial review proceedings brought in accordance with section 50 leave, and includes proceedings so brought by virtue of the operation of section 303;

‘relevant permission’ means—

(i) a permission, other than—

(I) retention permission,

(II) retrospective consent,

(III) an extension of the duration of a permission under Chapter 5, or

(IV) outline permission within the meaning of section 96,

(ii) permission or approval under the Act of 2000 (whether or not deemed to be a permission under this Act by virtue of section 188), other than—

(I) permission for retention of development under the Act of 2000,

(II) outline permission for development granted under section 34 of the Act of 2000 upon an application referred to in subsection (1) of section 36 of that Act,

(III) permission or approval under the Act of 2000 for development that has substantially commenced before the conclusion of the Act of 2000 judicial review proceedings concerned,

(IV) permission or approval under the Act of 2000 that has expired, or

(V) permission or approval under the Act of 2000—

(A) in respect of which the Act of 2000 judicial review proceedings concerned have concluded, and

(B) in respect of which there has been a failure to comply with paragraph (b),

or

(iii) permission under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 , other than—

(I) permission under that section for development that has substantially commenced before the conclusion of the Act of 2000 judicial review proceedings concerned,

(II) permission under that section that has expired, or

(III) permission under that section—

(A) in respect of which the Act of 2000 judicial review proceedings concerned have concluded, and

(B) in respect of which there has been a failure to comply with paragraph (b);

‘section 50 leave’ has the meaning assigned to it by section 50A of the Act of 2000.”.