COVID-19: Legislation Passed To Suspend Deadlines For Various Elements Of The Planning And Building Control Systems

The Emergency Measures in the Public Interest (Covid-19) Act 2020 (the "Act") was enacted on Friday, 27 March 2020.

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The Minister for Housing, Planning and Local Government (the "Minister") has, by order, commenced section 9 of the Act which suspends certain deadlines imposed under Planning and Building Control legislation.

Section 9 inserts a new section 251A into the Planning and Development Act 2000, as amended (the "Planning Act"). The Government has made an Order under section 251A(4) to the effect that the period from 29 March 2020 to 20 April 2020 inclusive, may be disregarded when calculating certain deadlines imposed by:

The Planning Act The Building Control Act 1990 (as amended) The Derelict Sites Act 1990 (as amended) Sections of the Urban Regeneration and Housing Act 2015 relating to vacant sites Sections of the Planning and Development (Housing) and Residential Tenancies Act 2016 relating to Strategic Housing Development ("SHD") How Long Might the Suspension Last?

The suspension of all deadlines will operate initially from 29 March 2020 to 20 April 2020 and the Government may permit extensions of this suspension period for successive periods until 9 November 2020 (the "Suspension Period"). Decisions to extend this period must be taken in light of matters of public and economic interest, including the need to ensure the effective operation of the planning and building control system and the need to mitigate the impact of COVID-19 on the availability of State resources to perform their functions in relation to the planning and building control system.

Effects of the Suspension Period on Planning and Building Control Matters

The Suspension Period will affect various deadlines imposed under Planning and Building Control legislation. This will include deadlines and the calculation of time periods relating to:

the processing of applications and appeals; the making of submissions and observations in respect of planning applications; the publication of observations and documents on a planning authority's website; responding to requests for further information; the making of appeals to An Bord Pleanála (the "Board"); the provision of documents to the Board; the notification of decisions of the Board; time limits for enforcement procedures; the bringing of judicial review proceedings; the time period within which the building control authority must respond to an application for dispensation...