Every Answer the Tool Gives
Please note. General information only, not legal or planning advice. Much of this is new legislation that has not yet been tested and could be subject to challenge, amendment or further regulation. For a definitive answer on a particular property or application, engage with the relevant planning authority.
Each combination of answers the tool accepts, and the Act and section we think applies, from our reading of the transitional provisions in the Law Reform Commission revised text of the 2024 Act. These provisions are new and untested, and the date Part 4 commences is not yet fixed: the Department deferred the 13 October 2026 date on 9 October and will notify a new date with advance notice. It will be set by the commencement order. The planning authority, or An Coimisiún Pleanála on an appeal, will confirm which Act it is applying to a particular file.
A planning application, a submission on it, or an appeal against the decision
When was the planning application lodged with the council? Before Part 4 commences. Who is asking? The applicant.
Likely: Planning and Development Act 2000. Our reading of: s.626(a) and (e) of the 2024 Act.
- The 2000 Act continues to apply to an application for permission made before the repeal, and to everything that follows from it, including the appeal. The date of lodgement fixes the Act.
- The application is decided under the 2000 Act. The decision period is 8 weeks beginning on the date of receipt (s.34(8)(a)), further information is requested under article 33 of the 2001 Regulations, and the 2024 Act's section 101 rules on a missed decision period do not apply to it.
- Judicial review of the decision runs under Part 9 of the 2024 Act if the application was made on or after 12 August 2026, and under section 50 of the 2000 Act if earlier (see the judicial review answer).
When was the planning application lodged with the council? Before Part 4 commences. Who is asking? Someone making a submission.
Likely: Planning and Development Act 2000. Our reading of: s.626(a) and (e) of the 2024 Act.
- The 2000 Act continues to apply to an application for permission made before the repeal, and to everything that follows from it, including the appeal. The date of lodgement fixes the Act.
- A submission on it is made under article 29 of the 2001 Regulations: 5 weeks from receipt, with the €20 fee. Form No. 5, the section 588 declaration and the 2024 Act format rules do not apply to it.
- Judicial review of the decision runs under Part 9 of the 2024 Act if the application was made on or after 12 August 2026, and under section 50 of the 2000 Act if earlier (see the judicial review answer).
When was the planning application lodged with the council? Before Part 4 commences. Who is asking? Someone appealing the decision.
Likely: Planning and Development Act 2000. Our reading of: s.626(a) and (e) of the 2024 Act.
- The 2000 Act continues to apply to an application for permission made before the repeal, and to everything that follows from it, including the appeal. The date of lodgement fixes the Act.
- An appeal is made under section 37 of the 2000 Act: 4 weeks beginning on the day of the decision. An adjoining landowner who made no submission may still seek leave to appeal under section 37(6). The section 588 declaration does not apply.
- Judicial review of the decision runs under Part 9 of the 2024 Act if the application was made on or after 12 August 2026, and under section 50 of the 2000 Act if earlier (see the judicial review answer).
When was the planning application lodged with the council? On or after the day Part 4 commences. Who is asking? The applicant.
Likely: Planning and Development Act 2024. Our reading of: Part 4 and Part 12 of the 2024 Act; s.626 does not apply.
- An application lodged on or after the day Part 4 commences is made under the 2024 Act, and so is any submission or appeal on it.
- The application is made under section 95 and decided under section 98. The authority has 8 weeks from the application (s.101(11)); if it misses, it must refund the fee and decide, and a deemed grant can arise only in limited circumstances (s.101). A national standard no longer applies instead of the development plan: section 86 has no equivalent of section 34(2)(ba) of the 2000 Act.
When was the planning application lodged with the council? On or after the day Part 4 commences. Who is asking? Someone making a submission.
Likely: Planning and Development Act 2024. Our reading of: Part 4 and Part 12 of the 2024 Act; s.626 does not apply.
- An application lodged on or after the day Part 4 commences is made under the 2024 Act, and so is any submission or appeal on it.
- A submission is made within the prescribed period, 5 weeks under the draft regulations, on Form No. 5 and with the declaration in Form No. 6 (s.97(1); s.588). A submission that breaks the form's mandatory rules is invalid, and one received late is returned with the fee (s.86(4)). Only a person who made a submission may later appeal (s.102(1)(b)).
When was the planning application lodged with the council? On or after the day Part 4 commences. Who is asking? Someone appealing the decision.
Likely: Planning and Development Act 2024. Our reading of: Part 4 and Part 12 of the 2024 Act; s.626 does not apply.
- An application lodged on or after the day Part 4 commences is made under the 2024 Act, and so is any submission or appeal on it.
- An appeal is made under Part 12: within 4 weeks of the decision (s.360(1)(b)), by the applicant or a person who made a submission (s.102). An appeal other than the applicant's must carry the section 588 declaration, and an oral hearing must be requested with the appeal (s.369). There is no leave to appeal route for an adjoining landowner.
Extending the life of a permission
Under which Act was the permission granted? The 2000 Act, or a strategic housing development permission under the 2016 Act. Was an application to extend it made before Part 4 commences? Yes, an application under section 42 is in.
Likely: Planning and Development Act 2000. Our reading of: s.626(c) of the 2024 Act.
- An application under section 42(1) or (1A) of the 2000 Act made before the repeal continues to be decided under the 2000 Act.
Under which Act was the permission granted? The 2000 Act, or a strategic housing development permission under the 2016 Act. Was an application to extend it made before Part 4 commences? No, nothing is in yet.
Likely: Either, at the holder's choice, for a limited period. Our reading of: s.140(14) and s.138(1) of the 2024 Act.
- Sections 42 and 43 of the 2000 Act continue to apply to a permission granted under the 2000 Act, or under section 9 of the 2016 Act, for 3 years commencing on the passing of the 2024 Act on 17 October 2024 (s.140(14)). A section 42 application may be made up to two years before the permission expires (S.I. 330 of 2026).
- Once Part 4 commences, the same permission can instead be extended by a request under section 140, because "permission" in Chapter 5 includes a 2000 Act permission (s.138(1)).
- The duration may be extended under Chapter 5 once only (s.141(1)). The two routes have different windows and tests, so the choice between them matters.
Under which Act was the permission granted? The 2024 Act.
Likely: Planning and Development Act 2024. Our reading of: Chapter 5 of Part 4, ss.138 to 141.
- A 2024 Act permission is extended by a request under section 140. The duration may be extended once only (s.141(1)). Under the draft regulations the request is made not earlier than one year before the permission expires.
Changing a permission or its conditions
Under which Act was the permission granted? The 2000 Act, or a strategic housing development permission under the 2016 Act. When will the request be made? Before Part 4 commences.
Likely: Planning and Development Act 2000. Our reading of: Chapter 5 of Part 4 of the 2024 Act not yet commenced.
- Before Part 4 commences the alteration route in Chapter 5 of the 2024 Act is not available. The 2000 Act has no general procedure for altering a permission: a material change needs a new application, and section 146B provides one only for strategic infrastructure development permitted by the Board.
Under which Act was the permission granted? The 2000 Act, or a strategic housing development permission under the 2016 Act. When will the request be made? On or after the day Part 4 commences.
Likely: Planning and Development Act 2024. Our reading of: ss.138 to 150 of the 2024 Act, s.138(1).
- Once Part 4 commences, a request to alter a permission, including its conditions, is made under Chapter 5 of Part 4. "Permission" there includes a permission granted under the 2000 Act or under section 9 of the 2016 Act, but not outline permission (s.138(1)).
- So a 2000 Act permission is altered under the 2024 Act procedure, even though the permission itself was granted under the 2000 Act. The deciding authority is the planning authority, or the Commission for a permission it granted other than on appeal (s.138(1)).
- The request has to be screened for appropriate assessment and EIA, and cannot be made where either is required (ss.211 and 226).
Under which Act was the permission granted? The 2024 Act. When will the request be made? Before Part 4 commences.
Likely: Planning and Development Act 2000. Our reading of: Chapter 5 of Part 4 of the 2024 Act not yet commenced.
- Before Part 4 commences the alteration route in Chapter 5 of the 2024 Act is not available. The 2000 Act has no general procedure for altering a permission: a material change needs a new application, and section 146B provides one only for strategic infrastructure development permitted by the Board.
Under which Act was the permission granted? The 2024 Act. When will the request be made? On or after the day Part 4 commences.
Likely: Planning and Development Act 2024. Our reading of: ss.138 to 150 of the 2024 Act, s.138(1).
- Once Part 4 commences, a request to alter a permission, including its conditions, is made under Chapter 5 of Part 4. "Permission" there includes a permission granted under the 2000 Act or under section 9 of the 2016 Act, but not outline permission (s.138(1)).
- The deciding authority is the authority that granted it, or the planning authority where the Commission granted it on appeal (s.138(1)).
- The request has to be screened for appropriate assessment and EIA, and cannot be made where either is required (ss.211 and 226).
A declaration on whether something is development or exempted development
When was the request for a declaration made? Before Part 4 commences. Is the declaration already issued? Yes, a declaration has issued.
Likely: Planning and Development Act 2000. Our reading of: s.12(2) of the 2024 Act.
- A request, application or appeal under section 5 of the 2000 Act made before the repeal continues to be dealt with under the 2000 Act.
- A declaration under section 5 made before the repeal has effect afterwards as if made under section 10 of the 2024 Act (s.12(1)).
When was the request for a declaration made? Before Part 4 commences. Is the declaration already issued? No, it is pending or not yet requested.
Likely: Planning and Development Act 2000. Our reading of: s.12(2) of the 2024 Act.
- A request, application or appeal under section 5 of the 2000 Act made before the repeal continues to be dealt with under the 2000 Act.
- Once it issues, it has effect as if made under section 10 (s.12(1)).
When was the request for a declaration made? On or after the day Part 4 commences. Is the declaration already issued? Yes, a declaration has issued.
Likely: Planning and Development Act 2024. Our reading of: s.10 of the 2024 Act.
- A request made on or after the day Part 4 commences is a request for a declaration under section 10 of the 2024 Act.
- An earlier section 5 declaration continues to have effect as if made under section 10 (s.12(1)).
When was the request for a declaration made? On or after the day Part 4 commences. Is the declaration already issued? No, it is pending or not yet requested.
Likely: Planning and Development Act 2024. Our reading of: s.10 of the 2024 Act.
- A request made on or after the day Part 4 commences is a request for a declaration under section 10 of the 2024 Act.
- The exempted development classes in the 2001 Regulations continue in force under section 627 until replaced.
A warning letter or enforcement notice
When was the warning letter or enforcement notice served? Before Part 4 commences. What stage is it at? A warning letter.
Likely: Planning and Development Act 2000. Our reading of: s.628 of the 2024 Act.
- Part VIII of the 2000 Act continues to apply to a warning letter served before the repeal, and to every function performed afterwards as a consequence of it.
When was the warning letter or enforcement notice served? Before Part 4 commences. What stage is it at? An enforcement notice.
Likely: Planning and Development Act 2000. Our reading of: s.628 of the 2024 Act.
- Part VIII of the 2000 Act continues to apply to a enforcement notice served before the repeal, and to every function performed afterwards as a consequence of it.
When was the warning letter or enforcement notice served? On or after the day Part 4 commences.
Likely: Planning and Development Act 2024. Our reading of: Part 11 of the 2024 Act.
- A warning letter or enforcement notice served on or after the day Part 4 commences is served under Part 11 of the 2024 Act. Part VIII of the 2000 Act continues only for notices served before that date (s.628).
Judicial review of a planning decision
When was the application, request or notice that led to the decision made? Before 12 August 2026. Whose decision is challenged? The planning authority's.
Likely: Planning and Development Act 2000, sections 50 and 50A. Our reading of: s.50(6) and s.50AA of the 2000 Act; s.303A(4) of the 2024 Act.
- Part 9 of the 2024 Act reaches a 2000 Act procedure only where it was initiated on or after 12 August 2026. For an application made before that date, a challenge to the planning authority's decision stays under sections 50 and 50A of the 2000 Act, including the leave stage.
- The application for leave must be made within 8 weeks beginning on the date of the decision (s.50(6)). The dividing line is the date the application was made, not the date of the decision, and an appeal is tied back to the date of the application it concerns (s.303A(4)).
When was the application, request or notice that led to the decision made? Before 12 August 2026. Whose decision is challenged? An Coimisiún Pleanála's.
Likely: Planning and Development Act 2000, sections 50 and 50A. Our reading of: s.50(6) and s.50AA of the 2000 Act; s.303A(4) of the 2024 Act.
- Part 9 of the 2024 Act reaches a 2000 Act procedure only where it was initiated on or after 12 August 2026. For an application made before that date, a challenge to the Commission's decision on the appeal stays under sections 50 and 50A of the 2000 Act, including the leave stage.
- The application for leave must be made within 8 weeks beginning on the date of the decision (s.50(6)). The dividing line is the date the application was made, not the date of the decision, and an appeal is tied back to the date of the application it concerns (s.303A(4)).
When was the application, request or notice that led to the decision made? From 12 August 2026 until Part 4 commences. Whose decision is challenged? The planning authority's.
Likely: Planning and Development Act 2024, Part 9, as applied to the 2000 Act. Our reading of: s.50AA of the 2000 Act; s.303A of the 2024 Act; S.I. 414 of 2026.
- The application is a 2000 Act procedure initiated on or after 12 August 2026, so a challenge to the planning authority's decision runs under Chapter 1 of Part 9 of the 2024 Act as modified by section 303A. Sections 50 and 50A cease to apply to it (s.50AA).
- There is no leave stage. Proceedings must be commenced within 8 weeks beginning on the date of the decision (s.281). The costs rules of Chapter 2 do not apply to these proceedings (s.303A(3)).
When was the application, request or notice that led to the decision made? From 12 August 2026 until Part 4 commences. Whose decision is challenged? An Coimisiún Pleanála's.
Likely: Planning and Development Act 2024, Part 9, as applied to the 2000 Act. Our reading of: s.50AA of the 2000 Act; s.303A of the 2024 Act; S.I. 414 of 2026.
- The application is a 2000 Act procedure initiated on or after 12 August 2026, so a challenge to the Commission's decision on the appeal runs under Chapter 1 of Part 9 of the 2024 Act as modified by section 303A. Sections 50 and 50A cease to apply to it (s.50AA).
- There is no leave stage. Proceedings must be commenced within 8 weeks beginning on the date of the decision (s.281). The costs rules of Chapter 2 do not apply to these proceedings (s.303A(3)).
When was the application, request or notice that led to the decision made? On or after the day Part 4 commences.
Likely: Planning and Development Act 2024, Part 9. Our reading of: Chapter 1 of Part 9 of the 2024 Act.
- A decision on an application made under the 2024 Act is challenged under Part 9. There is no leave stage, and proceedings must be commenced within 8 weeks beginning on the date of the decision (s.281).
