COVID-19: Further update on Planning Legislation

We previously reported on the effect of the Emergency Measures in the Public Interest (COVID-19) Act 2020 (Act), on Planning legislation.

The Government introduced an initial extension period in respect of time limits across the planning regime which ran for an initial 23 day period from 29 March to 20 April 2020 inclusive. On 16 April this was extended to 9 May 2020. The Government recently made a further Order extending the period for a further 14 days from 9 May to 23 May inclusive. This is the third Order made to extend the planning time periods during the COVID-19 emergency period. Here, Aidan Marsh takes a further look at the revised planning timelines, as well as other Ministerial orders in the planning area.

Key points

• Planning timelines are paused for a combined period of 56 days
• The impact of this on the planning process depends on when the application was lodged
• Planning decisions made less than four weeks before 29 March may be appealed
• Oral hearings will not take place until after the emergency period

Extension period

It is important to again stress that the effect of the emergency pause period does not freeze the planning system, rather it extends the timelines within which decisions can be made. The three Orders have the combined effect of extending the relevant planning periods and timelines by 8 weeks, ie 56 days. 

Conclusion

Further extensions can be made as many times as is considered necessary, until 9 November 2020. The current emergency period will expire during Phase 1 of the re-opening Ireland roadmap. Phase 2 of the roadmap, which provisionally commences on 8 June, envisages plans and supports to be implemented to open up businesses with consideration for the safety of staff and customers. It is highly likely that the emergency period will be further extended to at least Phase 3, which includes the return to work for those with low levels of interaction and the allowance of small social gatherings. Phase 3 is provisionally due to commence on 29 June.

For any queries in relation to this or other planning matters, please contact Aidan Marsh.

For more information or to discuss any COVID-19 related issues impacting your business, please get in touch with  your usual Beauchamps contact, or Aidan Marsh & Gerry Gallen (Property), Dorit McCann (EU, Competition & Procurement) Barry Cahir (Litigation and Insolvency), Thomas O'Dwyer & Sharon Delaney (Litigation),  Sandra Masterson Power & Paul Gough (Employment), or Damian Maloney (Corporate and Commercial).