Planning and Development (Amendment) Act 2025
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Amendment of Part III of Act of 2000 | ||
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29. Part III of the Act of 2000 is amended by the insertion of the following section: | ||
“Modification of permission for residential development | ||
44B. (1) The holder of a permission for residential development may apply to the relevant authority who granted the permission for a certificate certifying that a proposed modification (which may include the removal or modification of a condition attached to the permission) of the permission is a permitted modification. | ||
(2) An application under subsection (1) shall be in the prescribed form and shall be accompanied by— | ||
(a) such revised plans and drawings, and | ||
(b) such other documentation and information, | ||
as may be prescribed. | ||
(3) A relevant authority may, for the purpose of the performance of its functions under this section, require the holder of a permission who has made an application under subsection (1) to provide the relevant authority with such additional documentation and information as the relevant authority considers appropriate, including documentation and information necessary to enable the relevant authority to carry out a screening for appropriate assessment or a screening for environmental impact assessment of the proposed modification. | ||
(4) Subject to subsections (5) and (6), a relevant authority shall, not later than— | ||
(a) 8 weeks after receiving an application under subsection (1), or | ||
(b) 4 weeks after receiving additional documentation or information pursuant to a requirement under subsection (3), | ||
whichever occurs later, issue a certificate certifying that the proposed modification concerned is a permitted modification. | ||
(5) A relevant authority shall not issue a certificate under this section in respect of a permission if— | ||
(a) the development for which the permission was granted has already commenced, | ||
(b) an appropriate assessment or environmental impact assessment in relation to the proposed modification of the permission is required, | ||
(c) the applicant for the certificate fails or refuses to comply with a requirement under subsection (3), or | ||
(d) in the case of a proposed modification of permission for development in a strategic development zone, the proposed modification would cause the number of dwellings in that strategic development zone to exceed the number permitted by a planning scheme under section 169. | ||
(6) A relevant authority shall not issue a certificate under this section in respect of a permission unless— | ||
(a) the application under subsection (1) is made before the expiration of 2 years from the passing of the Planning and Development (Amendment) Act 2025, and | ||
(b) it is satisfied that the proposed modification of the permission to which the application relates would, if made, be a permitted modification. | ||
(7) Where a relevant authority issues a certificate under subsection (4) in respect of a permission, the permission shall, on and from the date on which the certificate is issued, stand modified in accordance with the terms of the proposed modification, and references in this section to modified permission shall be construed accordingly. | ||
(8) Development carried out in accordance with a modified permission shall not be unauthorised development. | ||
(9) The modified permission concerned shall be attached to the certificate under subsection (4). | ||
(10) (a) A relevant authority shall, as soon as may be after a certificate is issued under subsection (4), publish in a newspaper circulating generally within the State or the functional area of the relevant authority— | ||
(i) a notice— | ||
(I) of the issuing of the certificate, | ||
(II) of the making of any determination in relation to a screening for appropriate assessment or environmental impact assessment, and | ||
(III) stating that the modified permission concerned is available for inspection— | ||
(A) on the relevant authority’s internet website, and | ||
(B) at its offices during normal business hours, | ||
and | ||
(ii) a copy of the certificate, | ||
and shall also make copies of the certificate, modified permission and any such determination available for inspection by members of the public at its offices during normal business hours. | ||
(b) A relevant authority shall, not later than 3 working days after a certificate is issued under subsection (4), publish on its internet website— | ||
(i) a notice of the issuing of the certificate, | ||
(ii) a copy of the certificate, | ||
(iii) a copy of any determination referred to in clause (II) of subparagraph (i) of paragraph (a), and | ||
(iv) a copy of the modified permission concerned. | ||
(11) A notice under subsection (10) shall include such other information (if any) as may be prescribed. | ||
(12) For the avoidance of doubt, there shall be no appeal to the Commission from a decision of a planning authority to issue a certificate under subsection (4). | ||
(13) The Minister may make regulations for the purposes of this section. | ||
(14) The purpose of this section is to facilitate and encourage expedited construction of greater numbers of dwellings in apartment complexes than permitted under permissions already granted, taking account of— | ||
(a) the acute shortage of residential accommodation in the State, | ||
(b) the rise in homelessness in the State, | ||
(c) the rise in the cost of— | ||
(i) residential rental accommodation, and | ||
(ii) house and apartment purchase prices, | ||
in the State. | ||
(15) In this section— | ||
‘guidelines’ means the Planning Design Standards for Apartments, Guidelines for Planning Authorities 2025 made by the Minister on 8 July 2025 under section 28; | ||
‘permission’ includes a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 ; | ||
‘permitted modification’ means, in relation to a permission— | ||
(a) a modification relating to— | ||
(i) the mixture of apartments of different classes in the proposed development, or | ||
(ii) the proportion of apartments of a particular class to apartments of another class in the proposed development, | ||
subject to the exceptions specified in specific planning policy requirement 1 of the guidelines, | ||
(b) a modification relating to the floor areas of the apartments in the proposed development subject to the minimum floor area requirements specified in specific planning policy requirement 2 of the guidelines, | ||
(c) a modification relating to the number of walls in each apartment in the proposed development that will have windows, subject to the minimum requirement in relation thereto specified in paragraph (i) of specific planning policy requirement 3 of the guidelines, | ||
(d) a modification relating to the internal height of each apartment in the proposed development measured from floor to ceiling, subject to the minimum requirement in relation thereto specified in specific planning policy requirement 4 of the guidelines, | ||
(e) a modification relating to the number of lifts or stairways in the proposed development, or | ||
(f) any modification of a permission consisting of the carrying out of other works (including works to footpaths, boundaries, gardens and balconies) necessary for the purposes of any of the foregoing modifications or to ensure access to the development consequent upon the completion of the development; | ||
‘relevant authority’ means— | ||
(a) a planning authority, or | ||
(b) the Commission; | ||
‘residential development’ means development consisting of, or primarily consisting of, the construction of a dwelling or dwellings, including a house or houses and an apartment complex.”. |