ARTICLE

FAQ’s on effect of an Order under Section 251A on the Planning and Development Act 2000 as amended

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The Department of Housing, Planning and Local Government has published a FAQ relating to planning timelines affected by COVID19 refer to link https://www.housing.gov.ie/sites/default/files/publications/files/faq_planning_timelines_covid-19_30_mar_2020.pdf

Key Provisions

  • An Order with a duration of 23 days, means that a planning authority will have the normal
    period of eight weeks, together with an additional period of up to three weeks and two days
    i.e. up to eleven weeks and two days in total, to determine a planning application
  • Planning Applications may be posted to the relevant local authority principal office, even
    where public offices are closed
  • Planning applications may be decided during the period (29th March 2020 – 20th April 2020 inclusive) for applications lodged up to 21st February 2020 (i.e. public participation period had ended by the date of the order). The planning authority may decide the permission up to the duration of the order
  • Planning applications lodged after 21st February and before 29th March 2020 cannot be decided until after after 20th April 2020 at the earliest – this to ensure that the 5 week public participation period plus a further 23 days public participation be available
  •  Planning applications lodged after 29th March – the commencement period for observations shall be the date on which the application is received up to 20th April 2020 plus an additional 5 week period from 21st April 2020
  • Section 247 Pre-planning meetings may take place during the period of the order via electronic means
  • Observations may be made as usual by post and online (where facilitated by local authorities) – note the extended period for observations provided by the order
  • The period for appeals is extended for the duration of the order
  • Appeals may be decided during the period of the order where the period of public consultation has ended
  • Oral hearings shall not take place during the period of the order
  • Development Plans processes and other Plan Processes shall cease during the period of the order
  • Part 8 processes are affected by the order – the period of public display, reporting or decision making shall be extended for the duration of the period of the order

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