Planning and Development (Amendment) Act 2025

PART 1 Preliminary and General

1. Short title, collective citations and commencement

1. (1) This Act may be cited as the Planning and Development (Amendment) Act 2025.

(2) The Principal Act and this Act (other than Part 3) may be cited together as the Planning and Development Acts 2024 and 2025.

(3) The Planning and Development Acts 2000 to 2023 and Part 3 may be cited together as the Planning and Development Acts 2000 to 2025.

(4) This Act (other than Part 2) shall come into operation on such day or days as the Minister for Housing, Local Government and Heritage may by order or orders appoint, either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or provisions.

(5) Part 2 shall come into operation on the day immediately following the date of the passing of this Act.

2. Definitions

2. In this Act—

“Act of 2000” means the Planning and Development Act 2000;

“Principal Act” means the Planning and Development Act 2024.

PART 2 Amendment of Principal Act

3. Amendment of section 2 of Principal Act

3. Section 2 of the Principal Act is amended by the substitution of the following definition for the definition of “architectural conservation area”:

“ ‘architectural conservation area’ means—

(a) a place, area, group of structures or townscape to which an objective referred to in section 331 applies, or

(b) an architectural conservation area (within the meaning of the Act of 2000) to which an objective in a development plan under the Act of 2000—

(i) that continues in force by virtue of section 68, or

(ii) prepared, or varied, in accordance with section 69, applies;”.

4. Amendment of section 27 of Principal Act

4. Section 27 of the Principal Act is amended by the substitution of the following subsection for subsection (2):

“(2) A guideline (other than a specific planning policy requirement referred to in subsection (1C) of section 28 of the Act of 2000) that continues in force by virtue of subsection (1) shall have effect as if it were National Planning Policy Guidance and, accordingly, references in this Act to National Planning Policy Guidance shall be construed as including references to such a guideline.”.

5. Amendment of section 30 of Principal Act

5. Section 30 of the Principal Act is amended by the substitution of the following subsections for subsections (1) and (2):

“(1) (a) A regional assembly shall, not later than 6 months after the date of the coming into operation of subsection (6) of section 21, commence a review of any regional spatial and economic strategy for its region for the time being in force.

(b) A regional assembly shall, not later than 6 months after the publication of a revised or new National Planning Framework by the Government under Chapter 2, commence a review of any regional spatial and economic strategy for its region for the time being in force.

(2) (a) A regional assembly shall, upon completion of a review of a regional spatial and economic strategy in accordance with paragraph (a) of subsection (1), make a new regional spatial and economic strategy in accordance with section 32.

(b) A regional assembly shall, upon completion of a review of a regional spatial and economic strategy in accordance with paragraph (b) of subsection (1)—

(i) make a new regional spatial and economic strategy in accordance with section 32,

(ii) revise the existing regional spatial and economic strategy in accordance with section 32, or

(iii) make a determination that no new regional spatial and economic strategy or revision is required and publish a statement explaining the reasons for that determination.”.

6. Amendment of section 35 of Principal Act

6. Section 35 of the Principal Act is amended by—

(a) the substitution of the following subsection for subsection (2):

“(2) (a) A local authority whose functional area is within the region of a regional assembly shall, not later than 3 years after either—

(i) the first making of a regional spatial and economic strategy under this Chapter, or

(ii) the first revision of a regional spatial and economic strategy continued in force by virtue of section 41,

prepare, and submit to that regional assembly, a report setting out progress made by the local authority in supporting the objectives of the regional spatial and economic strategy applicable to the functional area of that local authority.

(b) A local authority whose functional area is within the region of a regional assembly shall, not later than 3 years after the preparation of a monitoring report in accordance with subsection (4), prepare, and submit to that regional assembly, a report setting out progress made by the local authority in supporting the objectives of the regional spatial and economic strategy applicable to the functional area of that local authority.”,

and

(b) the substitution of the following subsection for subsection (3):

“(3) (a) A regional assembly may, not later than 3 years after either—

(i) the first making of a regional spatial and economic strategy under this Chapter, or

(ii) the first revision of a regional spatial and economic strategy continued in force by virtue of section 41,

request any person referred to in paragraph (b) of subsection (1) of section 31 to prepare, and submit to the regional assembly, a report setting out progress made by that person in supporting the objectives of the regional spatial and economic strategy applicable to that person.

(b) A regional assembly may, not later than 3 years after the preparation of a monitoring report in accordance with subsection (4), request any person referred to in paragraph (b) of subsection (1) of section 31 to prepare, and submit to the regional assembly, a report setting out progress made by that person in supporting the objectives of the regional spatial and economic strategy applicable to that person.”.

7. Amendment of section 41 of Principal Act

7. Section 41 of the Principal Act is amended by the substitution of the following subsection for subsection (2):

“(2) A regional spatial and economic strategy that continues in force by virtue of subsection (1) shall have effect as if it were a regional spatial and economic strategy made under this Chapter and, accordingly, references in this Act to a regional spatial and economic strategy shall be construed as including references to a regional spatial and economic strategy that so continues in force.”.

8. Amendment of section 56 of Principal Act

8. Section 56 of the Principal Act is amended, in subsection (2), by the substitution of “a development plan (other than a development plan continued in force under subsection (1) of section 68 or a development plan prepared, or varied, in accordance with section 69)” for “a development plan”.

9. Amendment of section 60 of Principal Act

9. Section 60 of the Principal Act is amended by the substitution of the following subsection for subsection (10):

“(10) Any provision relating to the preservation of a public right of way contained in a development plan—

(a) continued in force under section 68, or

(b) prepared, or varied, in accordance with section 69,

may be included in a subsequent development plan made under this Act without the necessity to comply with this section.”.

10. Amendment of section 63 of Principal Act

10. Section 63 of the Principal Act is amended by the insertion of the following subsection:

“(18) (a) This section (other than an excluded provision) shall apply to—

(i) the making of a variation to a development plan that continues in force by virtue of subsection (1) of section 68, and

(ii) the making of a variation to a development plan prepared, or varied, in accordance with section 69,

as it applies to the making of a variation to a development plan made under this Chapter, as if—

(I) in subsection (6)—

(A) ‘any variation of the development plan’ were substituted for ‘the development plan or any part or provision thereof’, and

(B) ‘the variation’ were substituted for ‘the development plan or part or provision thereof’ in paragraph (i),

(II) in subsection (10), ‘any variation of the development plan’ were substituted for ‘the development plan or development plan as varied, as the case may be’,

(III) in paragraph (a) of subsection (14), ‘paragraphs (b) to (e)’ were substituted for ‘paragraphs (a) to (e)’, and

(IV) in paragraph (a) of subsection (15), ‘paragraphs (b) to (e)’ were substituted for ‘paragraphs (a) to (e)’.

(b) In this subsection ‘excluded provision’ means—

(i) paragraphs (g) and (i) of subsection (3),

(ii) subsections (4) and (5), and

(iii) paragraph (a) of subsection (10).”.

11. Amendment of section 64 of Principal Act

11. Section 64 of the Principal Act is amended by the insertion of the following subsection:

“(15) This section shall apply to—

(a) a development plan that continues in force by virtue of subsection (1) of section 68, and

(b) a development plan prepared, or varied, in accordance with section 69,

as it applies to a development plan made under this Chapter, as if, in subsection (10), ‘paragraphs (b) to (e) of subsection (10) of section 63’ were substituted for ‘paragraphs (a) to (e) of subsection (10) of section 63’.”.

12. Amendment of section 65 of Principal Act

12. Section 65 of the Principal Act is amended by the insertion of the following subsection:

“(18) This section shall apply to—

(a) a development plan that continues in force by virtue of subsection (1) of section 68, and

(b) a development plan prepared, or varied, in accordance with section 69,

as it applies to a development plan made under this Chapter, as if—

(i) in subsection (3), ‘paragraphs (b) to (e) of subsection (10) of section 63’ were substituted for ‘paragraphs (a) to (e) of subsection (10) of section 63’,

(ii) in subparagraph (i) of paragraph (d) of subsection (4), ‘paragraphs (b) to (e) of subsection (10) of section 63’ were substituted for ‘paragraphs (a) to (e) of subsection (10) of section 63’, and

(iii) in subsection (16), ‘paragraphs (b) to (e) of subsection (10) of section 63’ were substituted for ‘paragraphs (a) to (e) of subsection (10) of section 63’ in each place that the latter occurs.”.

13. Amendment of section 68 of Principal Act

13. Section 68 of the Principal Act is amended by the substitution of the following subsection for subsection (2):

“(2) A development plan that continues in force by virtue of subsection (1) shall have effect as if it were a development plan made under this Chapter and, accordingly, references in this Act to a development plan shall be construed as including references to a development plan that so continues in force.”.

14. Continued operation of certain Parts of Act of 2000 for purposes of certain notices

14. The Principal Act is amended by the substitution of the following section for section 69:

“69. (1) Where a notice of intention to review an existing development plan and prepare a new development plan is given under subsection (1) of section 11 of the Act of 2000 before the commencement of the repeal of Part II of the Act of 2000 by section 6—

(a) Parts II and XAB, and Chapter III of Part IIB, of the Act of 2000 shall, on and after that repeal, continue to apply and have effect for the purposes of that notice,

(b) that existing development plan may, subject to the said Parts II and XAB and the said Chapter III, be reviewed on or after that repeal, and

(c) such new development plan may, subject to the said Parts II and XAB and the said Chapter III, be prepared on or after that repeal,

and any such new development plan prepared in accordance with this subsection shall have effect as if it were a development plan made under this Chapter and, accordingly, references in this Act to a development plan shall be construed as including references to such new development plan.

(2) Where a planning authority proposes to make a variation of a development plan under section 13 of the Act of 2000 and, before the commencement of the repeal of Part II of that Act by section 6, the planning authority complies with subsections (2) and (3) of the said section 13—

(a) Parts II and XAB, and Chapter III of Part IIB, of the Act of 2000, shall, on and after that repeal, continue to apply and have effect for the purposes of—

(i) the notice sent under paragraph (a) of the said subsection (2), and

(ii) the notice published under paragraph (b) of that subsection,

and

(b) that variation may, subject to the said Parts II and XAB and the said Chapter III, be made on or after that repeal,

and any development plan under the Act of 2000 varied in accordance with this subsection shall have effect as if it were a development plan made under this Chapter and, accordingly, references in this Act to a development plan shall be construed as including references to such development plan as so varied.

(3) Subsections (3), (4) and (5) of section 68 shall apply to a development plan prepared or varied in accordance with this section as they apply to a development plan continued in force by virtue of that section, as if—

(a) in subsection (3), ‘a development plan prepared, or varied, in accordance with section 69’ were substituted for ‘a development plan continued in force under subsection (1)’, and

(b) in subsection (5), ‘a development plan prepared, or varied, in accordance with section 69’ were substituted for ‘a development plan continued in force under subsection (1)’.”.

15. Amendment of section 81 of Principal Act

15. Section 81 of the Principal Act is amended—

(a) by the insertion of the following subsection:

“(1A) Notwithstanding the repeal of section 20 of the Act of 2000 by section 6, a local area plan to which subsection (8) applies shall remain in force until—

(a) the expiration of such period as is specified in the plan, or

(b) the first making of a development plan under Chapter 5 in respect of the functional area to which the plan relates,

whichever occurs sooner.”,

(b) in subsection (2), by the substitution of “subsection (1) or (1A)” for “subsection (1)”,

(c) in subsection (6), by the substitution of “subsection (1) or (1A)” for “subsection (1)”,

(d) by the insertion of the following subsection:

“(6A) Notwithstanding the repeal of Part II, Part XAB or Chapter III of Part IIB of the Act of 2000 by section 6, the said Parts II and XAB and that Chapter shall continue to apply and have effect in relation to a local area plan for the time being in force by virtue of subsection (1) or (1A).”,

(e) in subsection (7), by—

(i) the substitution of “to which subsection (1) or (1A) applies” for “continued in force under subsection (1)” where it first occurs, and

(ii) the substitution of the following paragraph for paragraph (c):

“(c) a provision of a development plan—

(i) continued in force under subsection (1) of section 68, or

(ii) prepared, or varied, in accordance with section 69,

that provision of that development plan shall take precedence.”,

and

(f) by the insertion of the following subsections:

“(8) Where a planning authority complies with paragraphs (a) and (b) of subsection (3) of section 20 of the Act of 2000 before the commencement of the repeal of Part II of that Act—

(a) Parts II and XAB, and Chapter III of Part IIB, of that Act shall, on and after such repeal, continue to apply and have effect for the purposes of—

(i) the notice sent under subparagraph (i) of the said paragraph (a), and

(ii) the notice published under subparagraph (ii) of that paragraph,

and

(b) the planning authority may, subject to the said Parts II and XAB and that Chapter, make the local area plan concerned, or make the amendment or revocation concerned, on or after such repeal.

(9) References in this Act (other than Parts 3 and 6 and Chapter 3 of Part 18) to an urban area plan shall be construed as including references to a local area plan made under section 20 of the Act of 2000 for the time being in force by virtue of this section.”.

16. Amendment of section 180 of Principal Act

16. Section 180 of the Principal Act is amended by—

(a) the substitution of the following subsection for subsection (9):

“(9) This section applies to—

(a) a permission, other than—

(i) retention permission,

(ii) retrospective consent,

(iii) an extension of the duration of a permission under Chapter 5, or

(iv) outline permission within the meaning of section 96,

and

(b) a permission or approval under the Act of 2000 deemed to be a permission under this Act by virtue of section 188, other than—

(i) permission for retention of development under the Act of 2000, or

(ii) outline permission for development granted under section 34 of the Act of 2000 upon an application referred to in subsection (1) of section 36 of that Act.”,

and

(b) the substitution of the following subsection for subsection (10):

“(10) (a) This section also applies to relevant permission in respect of which Act of 2000 judicial review proceedings are brought before, on or after the date of the coming into operation of this section, subject to the following modifications:

(i) references to Part 9 judicial review proceedings shall be construed as references to Act of 2000 judicial review proceedings; and

(ii) references to permission shall be construed as references to relevant permission.

(b) Where Act of 2000 judicial review proceedings have concluded, the notice under subsection (1) shall be accompanied by a declaration by the person who proposes to carry out the development concerned that the development did not substantially commence before the conclusion of those proceedings.

(c) For the purposes of the application of this section to Act of 2000 judicial review proceedings, a development has not substantially commenced by reason only of the commencement of works for the maintenance, security or protection of the land or maritime site on which the development is proposed to be situated.

(d) In this subsection—

‘Act of 2000 judicial review proceedings’ means judicial review proceedings brought in accordance with section 50 leave, and includes proceedings so brought by virtue of the operation of section 303;

‘relevant permission’ means—

(i) a permission, other than—

(I) retention permission,

(II) retrospective consent,

(III) an extension of the duration of a permission under Chapter 5, or

(IV) outline permission within the meaning of section 96,