Planning and Development Act 2024 and Regulations 2026

Some key takeaways

Planning and Development (Control of Development – Planning Authorities) Regulations 2026

Planning and Development (Control of Development – Planning Authorities) Regulations 2026PDF · assets.gov.ie

Standard Forms

• Standard forms are provided for the following:
• Form No. 1 – LRD – pre-application consultation form
• Form No. 2 – Site notice
• Form No. 3 – Standard development application form
• Form No. 4 – Additional form for LRD application
• Form No. 5 – Submission form
• Form No. 6 – Declaration form
• Form No. 7 – Acknowledgement of Receipt of Submission on a Planning Application
• Form No. 8 – Site Notice of Further Information/Revised Plans
• Form No. 9 – Material Contravention of Development Plan
• Form No. 10 – Meeting form where certain aspects of proposed development not confirmed
• Form No. 11 – Opinion form where certain aspects of proposed development not confirmed
• Form No. 12 – Additional form where certain aspects of proposed development not confirmed
• Of note is the form for submissions/observations which states that:

“This Submission or observation must be accompanied by a Declaration in the form prescribed under section 588(1) of the Planning and Development Act 2024. Any submission or observation cannot be accepted where not accompanied by a valid declaration. Only individuals over 18 years of age may make submissions or observations and sign declarations. Where an individual is younger than 18 years of age a legal guardian must make the submission on their behalf”.

• Section 588(1) of the Act requires that the Declaration confirms that the submission or observation is not made for the purpose of—

“(a) delaying the carrying out of any development or proposed development, or

(b) securing the payment of any consideration to, or the doing of any other thing for the benefit of, any person”.

• The wording for the Declaration is included in the Regulations.
• The form also includes guidance notes, such as “where word count exceeds 1000 words, a short executive summary of no more than 300 words shall be included at the start of the submission or observation” and states that “Failure to comply with the mandatory format requirements shall invalidate the submission or observation”.

Pre-Application Consultation

• No content in the Regulations relating to pre-application consultation, other than pre-application consultation for LRD applications and consultation in relation to whether or not an alteration is a material alteration.
• As a reminder of the key aspects of the Act:
  • Section 89 of the Planning and Development Act 2024, as amended, provides that: “a person shall not apply for permission under for development of prescribed classes unless the application has requested a pre-application consultation with the planning authority”.
  • The prescribed classes in the Act are:

“(a) development consisting of not less than 10 housing units,

(b) development consisting of student accommodation containing not less than 200 bed spaces,

(c) development (other than residential development) containing not less than 1000 square metres gross floor space, or

(d) such other development as may be prescribed”.

• Therefore, no other prescribed classes in the Regulations (yet).
• There is an allowance that if the request for consultation is made and the planning authority does not facilitate the consultation within 4 weeks of the request, then the application can be made (except in the case of an LRD application, where the consultation must be held).
• It should be noted that both the Act and Regulations provide a new process for pre-application consultation and a planning application to be made where not all aspects of the proposed development have been determined. Subject to the pre-application engagement, this appears to allow a planning application to be made which includes two or more options for the proposed development.
• The Regulations also include a Standard Form (Form 11) for pre-application consultation for an opinion where certain aspects of a proposed development are not confirmed.

Social Housing Exemption Certificate

• On a subtle change from the 2001 Regulations, as amended, which had a validation requirement that a certificate or a copy of a certificate confirming social/affordable housing exemption (now governed under Section 254 of the Planning and Development Act 2024, as amended) be submitted with the application, the new Regulations required that either the certificate as issued be included, or a copy of the acknowledgement letter of an application (as opposed to a copy of the application).
• See separate Regulations for further details on the social/affordable housing exemption process, including a new standard template for the making of such an application.

Proof of Eligibility

• Regulation 11(3)(f) requires the following to be submitted with a planning application – “documentary evidence of proof of eligibility in accordance with section 85 of the Act”. The implication is that even the owner of the land/building to which the application relates must include proof of ownership with the application.
• Section 85(1) of the Act states that a person shall not be eligible to make an application for permission unless that person:

“(a) is the owner of the land on which the development is situated or proposed to be situated,

(b) is a person (other than a mortgagee not in possession) who has a legal or beneficial interest in the land on which the development is situated or proposed to be situated,

(c) has a power conferred, or an obligation imposed, by statute to carry out the development concerned whether or not any preconditions to the exercise of that power have been satisfied,

(d) has a power conferred by statute to acquire land compulsorily for the purposes of the development concerned whether or not any preconditions to the exercise of that power have been satisfied, or

(e) makes the application with the consent in writing, or on behalf, of—

(i) the owner of the land on which the development is situated or proposed to be situated,

(ii) a person (other than a mortgagee not in possession) who has a legal or beneficial interest in the land on which the development is situated or proposed to be situated, or

(iii) a person who has a power, or who is under an obligation, referred to in paragraph (c) or (d)”.

Impact Assessments for Applications relating to Demolition of Structures other than Protected Structures or Structures within an Architectural Conservation Area

• Regulation 11(7) introduces a validation requirement for impact assessments relating to applications involving demolition. It states that:

“Where an application for standard development relates to the demolition of a structure other than a protected structure, or proposed protected structure or structure within an architectural conservation area, an impact assessment is required to be submitted as part of that application”.

Timeframes for decisions on a Planning Application

• The 5 week deadline, from receipt of the planning application, remains for submissions by members of the public.
• Regulation 18 introduces a new requirement that a planning authority shall not determine an application for permission until after a period of 6 weeks, beginning on the date of receipt of an application, has elapsed (previously 5 weeks under Article 30 of the 2001 Regulations, as amended).
• Regulation 20(1) provides that further information may be requested by the planning authority within 8 weeks of receipt of a planning application, or within 12 weeks of receipt in the case of a planning application accompanied by an environmental impact assessment report or Natura impact statement. The 12 weeks is a new introduction. Note also the wording at Section 101(11)(b) of the Act for a decision on an application including an EIA or NIA – “12 weeks from the date by which all submissions are required to have been given to the planning authority in accordance with this Part and Part 6 in relation to the proposed development”.
• In another new departure, further information may only be requested in relation to the following for standard applications:
  • matters of technical or environmental detail, or both, that were unforeseen at the time of lodging the planning application, or
  • new matters raised through the planning application public participation process, which the authority considers necessary to enable it to deal with the application, or
  • any evidence which the authority may reasonably require to verify any particulars or information given in, or in relation to, the application.
• Importantly, where the applicant wishes to avail of the opportunity to submit the revised plans, drawings or particulars, they shall, in writing and within such time limit as may be specified by the planning authority, not being later than 8 weeks from receipt of the application, indicate that they intend to submit such plans, drawings or particulars.
• Again in a further departure, the ability of a planning authority to ask for clarification of further information for a standard application is better defined and is restricted to the following areas:

1. as may be reasonably necessary to clarify the matters dealt with in the applicant’s response to a requirement to submit further information or evidence or to enable them to be considered or assessed, of
2. where information is requested from the applicant for the purposes screening sub-threshold environmental impact assessment, or
3. where a request for further information is made regarding environmental impact assessment.

• ‘Relevant periods’ for decisions are prescribed in Section 101 of the Planning and Development Act 2024 and are:
• For a planning application not accompanied by an EIA or AA, 8 weeks from the date of the application
  • However, there is a procedure for the planning authority to seek agreement from the applicant to extend the period by 4 weeks (from 8 weeks to 12 weeks).
• For a planning application accompanied by an EIA or AA, 12 weeks from the date by which all submissions are required to have been given to the planning authority
  • However, there is a procedure for the planning authority to seek agreement from the applicant to extend the period by 8 weeks (from 12 weeks to 20 weeks).
• But – see ‘further information’ provisions in Regulation 20 and ‘revised plans’ provisions in Regulation 21 – the planning authority must still request further information within the original 8 week period or 12 week period (with EIA/NIA) and cannot request further information within the extended periods. We will seek clarity on if an extension is requested and agreed to, is the planning authority barred from requesting further information and/or revised plans.
• Some practical provisions in the Regulations clarifying that submissions/observations and planning applications made electronically will be considered submitted on that day if made up to midnight.

Applications for Alteration to Permission

• Regulation 30 sets out the requirements for such an application under Section 140(1) of the Act. The requirements include “proof of eligibility in accordance with section 85 of the Act (as modified by section 140(2) of that Act)”.

Applications for Extension of Duration of Permission

• Regulation 32 sets out the requirements for such an application under Section 140 of the Act.
• Regulation 33 states that “A request for an extension of duration of a permission under section 140 shall be made not earlier than one year before the date of expiration of that permission”.

Declarations of Exempted Development

• Regulation 3 provides that such an application must be accompanied of evidence of the applicant being a ‘relevant person’ for the purposes of Section 10 of the Act (previously Section 5 under the Planning and Development Act 2000, as amended). The relevant person is effectively the owner of the land or a person operating with the written consent of the owner.

New fee Regulations

Planning and Development (Planning Authority Fees) Regulations 2026PDF · assets.gov.ie

• Actual amount of fee remains unchanged from the 2001 Regulations, and the classes of fees remains unchanged. For example, the fee for a planning application for a single house remains at €65.
• There are some ‘tidy-up’ elements, such as the fee classes now including the fees for a LRD application, and a separate schedule setting out other fees (other than for a planning application), for example the €20 payable to make a submission on a planning application.
• New clarification that where the application is for mixed use development, each use should be calculated separately. Furthermore, where the development includes common floorspace to be shared between different use classes, the fee is to be calculated “to be such proportion of the common floor space as the amount of floor space coming directly within the class bears to the total amount of gross floor space in the building”.

Regulations for Social Housing Exemption Certificates

Planning and Development (Housing Supply – Exemption Certificates) Regulations 2026PDF · assets.gov.ie

• Section 254(3) of the Planning and Development Act 2024, as amended, provides that:

“(3) A person may, before applying for permission in respect of a development—

(a) consisting of the provision of 4 or fewer houses, or

(b) for housing on land of 0.1 hectares or less,

apply to the planning authority concerned for a certificate stating that this Chapter shall not apply to a grant of permission in respect of the development concerned (in this section referred to as a “certificate”), and where the planning authority grants a certificate, this Chapter shall not apply to a grant of permission in respect of the development concerned”.

• The ‘Chapter’ referred to relates to the provision of social and affordable housing.

“(6) (a) A planning authority may, no later than 4 weeks from the date of the application to it under this section, require an applicant for a certificate to provide it with such further information or documentation as it considers reasonably necessary to enable it to perform its functions under this section.

(b) Where an applicant refuses to comply with a requirement under paragraph (a) or fails, within a period of 8 weeks from the date of the making of the requirement, to so comply to the planning authority’s satisfaction, the planning authority shall refuse to grant the applicant a certificate”.

• It remains the case that an application for a certificate of exemption should be made before an application for planning permission.
• Subsection 9 of Section 254 of the Act provides that where the planning authority fails to make a decision within the prescribed period, then “the planning authority shall, on the expiry of that period, be deemed to have granted a certificate to the applicant concerned”.
• The new Regulations now provide further detail on what is required to be submitted with an application for such Certificate. And the Regulations now provide a standard form.

Planning and Development (Licensing on Public Roads) Regulations 2026

Planning and Development (Licensing on Public Roads) Regulations 2026PDF · assets.gov.ie

• Regulation 3 provides that the following appliances, apparatus and structures will require a licence
  • a case, rack, shelf or other appliance, apparatus or structure for displaying articles for the purposes of advertisement or of sale in, or in connection with, any adjacent business premises;
  • tables and chairs outside a hotel, restaurant, public house or other establishment where food is sold for consumption on the premises;
  • awnings, coverings, canopies, parasols, shades, windbreakers, heaters or other similar structure for the purpose of facilitating outdoor dining where tables and chairs are being provided under paragraph
  • a coin-operated machine other than a vending machine;
  • an advertisement consisting of any text, symbol, emblem, model, device or logo;
  • a pipe or appliance with a pipe attachment for dispensing air or water not being a pipe or appliance attached to a petrol, or oil, pump;
  • a weighing machine;
  • a bring facility;
  • a cabinet that contains apparatus used for the provision of an electronic communications network or service by a person authorised under Part 3 of the European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022) who may be licensed or licence exempt under the Wireless Telegraphy Act 1926 (No. 45 of 1926);
  • a lamp-post;
  • a bridge, arch, tunnel, passage or other similar structure which is used or intended for use other than by the public, and was constructed on or after 1 October 1964;
  • a cellar or other underground structure constructed on, or after, 1 October 1964;
  • a cable for conducting electricity for domestic or agricultural purposes.
• The Regulations also set out the licence fee.
• Section 13 of the Planning and Development Act 2024 provides that such appliances, apparatus and structures shall not be placed on, under, over or along a public road, save in accordance with a licence granted by a planning authority under this section.

Planning and Development (State Authority Development) Regulations 2026

Planning and Development (State Authority Development) Regulations 2026PDF · assets.gov.ie

• Reflecting similar provisions under the Planning and Development Act 2000, as amended, and associated Regulations, these Regulations give effect to the provisions of Section 154 of the Planning and Development Act 2024, as amended, which provide that the provisions of the Act shall not relate to certain state development. The Act, and these Regulations, effectively provide for a shortened application and consenting process necessary to protect the privacy of such developments.
• The Act and Regulations in this respect relate to the following state authority development not requiring environmental impact assessment or appropriate assessment
  • Garda stations or other buildings, or other premises or installations, or other structures or facilities, used for the purposes of or in connection with the operations of An Garda Síochána, prisons or other places of detention,
  • courthouses or other buildings, or other premises or installations, or other structures or facilities, whether provided on a permanent or temporary basis, used for the purposes of or in connection with the transaction of any business relating to courts, tribunals, inquiries or inquests established by statute,
  • barracks or other buildings, or other premises or installations (including airfields and naval yards), or other structures or facilities, used for the purposes of or in connection with the operations of the Defence Forces, or
  • office buildings or other premises used for the purposes of or in connection with the business of Uachtarán na h Éireann, Dáil Éireann, Seanad Éireann, the Department of the Taoiseach, the Office of the Tánaiste, the Department of Defence, the Department of Foreign Affairs and Trade, the Department of Justice, Home Affairs and Migration, the Courts Service, the Office of the Attorney General, the Chief State Solicitor’s Office and the Office of the Director of Public Prosecutions.

Planning and Development (Local Authority Own Development) Regulations 2026

Planning and Development (Local Authority Own Development) Regulations 2026PDF · assets.gov.ie

• These Regulations only relate to local authority own development not requiring environmental impact assessment or appropriate assessment.
• Following the previous regime, development by a local authority is exempted development pursuant to Section 152 of the Planning and Development Act 2024, as amended. However, Section 153 of the Act provides that the Minister may, be Regulations, prescribe the classes of such local authority development that require to following specific process under Section 159 of the Act, such process involving public consultation and elected member approval, These classes, as prescribed under these Regulations, include, for example:
  • the construction or erection of a house
  • the construction of a new road
  • the construction of a bridge or tunnel
  • the construction or erection of pumping stations, treatment works, holding tanks or outfall facilities for waste water or storm water;
  • the construction or erection of water intake or treatment works, overground aqueducts, or dams or other installations designed to hold water or to store it on a long-term basis;
  • drilling for water supplies;
  • the construction of a swimming pool;
  • the use of land, or the construction or erection of any installation or facility, for the disposal of waste
  • the use of land as a burial ground;
  • the construction or erection of a fire station,
  • a library or a public toilet;
  • any individual development, other than those specified above, the estimated cost of which exceeds €750,000, not being development consisting of the laying underground of sewers, mains, pipes or other apparatus.