Extension of Duration of Planning Permissions

Further information on the provisions of the Planning and Development (Amendment) Act 2023 are available at the Irish Statute Book website http://www.irishstatutebook.ie/eli/2021/act/18/enacted/en/html  

Below please find the revised application form for the Extension of Duration of Planning Permission:

Temporary Legislation as of 01 August 2025

Extensions of duration of permissions for un-commenced housing development

Subsection (1A)
Section 28 of the Planning and Development (Amendment) Act 2025 inserts new provisions into Section 42 of the Act of 2000, allowing for extensions of duration of un- commenced permissions for development of one or more houses. Under new subsection (1A) of Section 42, where such a permission has not commenced within its appropriate period, a Planning Authority may extend the appropriate period by such additional period (not exceeding 3 years) as the planning authority considers necessary to enable the development concerned to be completed.

The application must be received by the Planning Authority:

• before, but not earlier than 2 years before, the expiry of the permission, and
• not later than 6 months after the commencement of Section 28 of the Planning and Development (Amendment) Act 2025 (i.e. from 1 August 2025).

An extension of the appropriate period under subsection (1A) ceases to have effect if the development is not commenced within 18 months of section 28 of the Planning and Development (Amendment) Act 2025 coming into operation (i.e. from 01 August 2025).

A person who avails of the above extension under this new subsection (1A) for un-commenced housing development, cannot subsequently seek a further extension under subsection (1) (which applies to commenced development with substantial works carried out).

Subsection (4A)
Subsection (4A) allows for housing development permissions which are already extended under subsection (1A), to be further extended by an additional period as the Planning Authority considers requisite, to enable the development concerned to be completed. The following criteria applies:

• an application must be made before, but not earlier than 2 years before, the expiry of the permission, and
• the development was commenced before the expiry of that permission’s appropriate period, and
• substantial works were carried during that period, and
• the development will be completed within a reasonable

This further extension under subsection (4A) can only be availed of once and the combined duration of the extensions of the appropriate period under subsections (1A) and (4A) shall not exceed 5 years.

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“Section 42(1B) of the Planning and Development Act 2000 provides for the further extension of the appropriate period of a planning permission by an additional period of up to 2 years or until 31 December 2023 whichever first occurs, subject to the planning authority being satisfied of a number of matters set out in section 42(1B). These matters include that the relevant planning authority shall be satisfied that:

• the development has commenced;
• substantial works have been carried out; and
• Environmental Impact Assessment (EIA) and appropriate assessment (AA) are not required for the proposed extension.

The provision applies to extant permissions due to expire as well as to permissions which expired between 8 January 2021 and 8 September 2021. For the avoidance of doubt, this provision is for the benefit of developments that have already availed of an extension of duration under section 42, and any further extension under section 42(1A).

In line with this, the Planning and Development (Amendment) (No. 3) Regulations 2021 amends Chapter 3 of the Planning and Development Regulations 2001 to set out details of the application procedures for further extensions under section 42(1B).

These procedures include the requirement that such applications for extension of duration of permission, which have not expired, shall be made within a year before expiry and the need to include the following additional detail in an application for further extension:

• the additional period being requested;
• when the development will be completed;
• the expiry date of the permission;
• particulars of substantial works carried out or to be carried out before expiry; and
• a statement setting out reasons why the development cannot be reasonably completed within the duration.

Please note that there is no possibility of an extension of duration for un-commenced development or development where substantial works have not been carried out”