PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2026

Type Act
Publication 2026-07-20
State In force
Text As published
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articles 149

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

Act to amend the Planning and Development Act 2024, the Planning and Development (Amendment) Act 2025 and the Planning and Development Act 2000, and, in that connection, to amend certain other enactments; to amend the Housing Finance Agency Act 1981 for the purpose of increasing the borrowing limit of the Housing Finance Agency; and to provide for matters connected therewith.

Reform history JSON API
  • (i) by the substitution of “Subject to Part 6, where the members” for “Where the members”, and
  • (ii) by the substitution of “submission of the report” for “submission the report”,

and

  • (c) in subsection (6), by the insertion of “or is deemed to have made” after “makes”.

133. Amendment of section 610 of Principal Act

133. Section 610 of the Principal Act is amended—

  • (a) by the substitution of the following paragraph for paragraph (b) of subsection (4):
  • “(b) publish, in at least one newspaper circulating in its functional area and on its website, notice of—

    • (i) the proposed modification,

    • (ii) the determinations under paragraphs (a) and (b) of subsection (1), and

    • (iii) any report prepared under paragraph (c) of subsection (1).”,

and

  • (b) in paragraph (a) of subsection (5), by the insertion of “, the determinations made under paragraphs (a) and (b) of subsection (1), including the reasons therefor” after “modification”.

134. Amendment of section 612 of Principal Act

134. Section 612 of the Principal Act is amended, in subsection (2)—

  • (a) in paragraph (d), by the substitution of “decision,” for “decision, and”,
  • (b) in paragraph (e), by the substitution of “prescribed, and” for “prescribed.”, and
  • (c) by the addition of the following paragraph after paragraph (e):
  • “(f) comply with any applicable requirements of the Strategic Environmental Assessment Regulations and Part 6.”.

135. Amendment of section 614 of Principal Act

135. Section 614 of the Principal Act is amended—

  • (a) in subsection (4), by the insertion of “and on its website” after “functional area”,
  • (b) by the insertion of the following subsection after subsection (4):
  • “(4A) A notice under subsection (4) shall comply with any applicable requirements of the Strategic Environmental Assessment Regulations and Part 6.”,

and

  • (c) in subsection (5)—
  • (i) in paragraph (a), by the substitution of “modification,” for “modification, and”,
  • (ii) in paragraph (b), by the substitution of “that section, and” for “that section.”, and
  • (iii) by the addition of the following paragraph after paragraph (b):
  • “(c) publish a notice of the approval of the development scheme as modified and of the determination made under section 205 (if any), in at least one newspaper and on its website.”.

136. Amendment of section 616 of Principal Act

136. Section 616 of the Principal Act is amended, in paragraph (a) of subsection (1), by the insertion of “, in accordance with the Strategic Environmental Assessment Regulations or Part 6,” after “determine”.

Chapter 18 Amendment of Schedules

137. Amendment of Schedule 2 to Principal Act

137. Schedule 2 of the Principal Act is amended, in subparagraph (a) of paragraph 15, by the substitution of “million standard cubic metres” for “mscm”.

138. Amendment of Schedule 3 to Principal Act

138. Schedule 3 of the Principal Act is amended, in subparagraph (a) of paragraph 14 of Part 2, by the substitution of “section 456” for “section 455”.

139. Amendment of Schedule 4 to Principal Act

139. Schedule 4 of the Principal Act is amended, in Part 1—

  • (a) in paragraph 16, by the substitution of “contravene (whether materially or not)” for “materially contravene”,
  • (b) in subparagraph (a) of paragraph 20, by the substitution of “contravene (whether materially or not)” for “contravene materially”,
  • (c) in paragraph 21, by the substitution of “contravene (whether materially or not)” for “contravene materially”, and
  • (d) in paragraph 28, by the substitution of “contravene (whether materially or not)” for “contravene materially”.

PART 3 Amendment of Other Enactments

140. Definitions

140. In this Part—

“Act of 2007” means the Water Services Act 2007;

“Act of 2021” means the Maritime Area Planning Act 2021;

“Act of 2023” means the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023.

141. Amendment of section 23 of Derelict Sites Act 1990

141. Section 23 of the Derelict Sites Act 1990 is amended—

  • (a) in subsection (1), by the substitution of “There shall be charged,” for “Subject to subsection (1A), there shall be charged,”, and
  • (b) by the deletion of subsection (1A).

142. Amendment of section 50 of Act of 2000

142. Section 50 of the Act of 2000 is amended—

  • (a) in paragraph (d) of subsection (2), by the substitution of “An Coimisiún Pleanála” for “the Commission”, and
  • (b) by the addition of the following subsection after subsection (9):
  • “(10) This section applies and has effect subject to section 50AA.”.

143. Amendment of section 50A of Act of 2000

143. Section 50A of the Act of 2000 is amended by the addition of the following subsection after subsection (15):

  • “(16) This section applies and has effect subject to section 50AA.”.

144. Cessation of application of sections 50 and 50A of Act of 2000

144. (1) The Act of 2000 is amended by the insertion of the following section after section 50A:

“50AA. (1) Section 50 (other than subsection (1)) and section 50A shall cease to apply to—

  • (a) any decision made or act done in the performance, or purported performance, of a function under this Act by an Act of 2000 body in respect of an Act of 2000 procedure, or

  • (b) any alleged failure of an Act of 2000 body to perform such a function,

and references in this Act, or regulations made under this Act, to section 50 or 50A shall, in so far as they relate to an Act of 2000 procedure, be construed as references to Chapter 1 of Part 9 of the Act of 2024, as modified by section 303A of the Act of 2024.

  • (2) In subsection (1)—

“Act of 2000 body” has the meaning it has in section 303A of the Act of 2024;

“Act of 2000 procedure” has the meaning it has in section 303A of the Act of 2024;

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

  • (2) The amendment of the Act of 2000 effected by subsection (1) shall come into operation on the date of the coming into operation of section 115.

145. Amendment of Act of 2007 and consequential amendment of Principal Act

145. (1) The Act of 2007 is amended—

  • (a) in paragraph (b) of subsection (7) of section 92—
  • (i) in subparagraph (i), by the substitution of “section 443 or 465 of the Act of 2024, as the case may be” for “section 199 of the Act of 2000”,
  • (ii) by the substitution of the following subparagraph for subparagraph (ii):
  • “(ii) Subject to subparagraph (iii), the provisions of Chapter 3 of Part 15 of the Act of 2024 shall, in so far as they are relevant to this section, apply in relation to a claim for compensation under this subsection as if—

    • (I) references to a planning authority were references to a water services authority or such other person performing the action concerned pursuant to this section, and

    • (II) references to section 443 of the Act of 2024 were references to this subsection,

    and subject to any other necessary modifications.”,

and

  • (iii) by the addition of the following subparagraphs after subparagraph (ii):
  • “(iii) In respect of a claim for compensation to which subparagraph (ii) applies, the time limits referred to in paragraph (f) of subsection (1) of section 447 of the Act of 2024 shall apply to a claim for compensation under this subsection as if a reference in that paragraph (f) to the consent given pursuant to subsection (4) of section 275 of the Act of 2024 or the order made under subsection (5) of section 275 of the Act of 2024 were a reference to the taking of the action concerned under this section.

  • (iv) Subject to subparagraph (v), the provisions of Chapter 7 of Part 15 of the Act of 2024 shall, in so far as they are relevant to this section, apply in relation to a claim for compensation under this subsection as if—

    • (I) references to a planning authority were references to a water services authority or such other person performing the action concerned pursuant to this section, and

    • (II) references to section 465 of the Act of 2024 were references to this subsection,

    and subject to any other necessary modifications.

  • (v) In respect of a claim for compensation to which subparagraph (iv) applies, the time limits referred to in paragraph (e) of subsection (1) of section 469 of the Act of 2024 shall apply to a claim for compensation under this subsection as if a reference in that paragraph (e) to the consent given pursuant to subsection (5) of section 276 of the Act of 2024 or the order made under subsection (6) of section 276 of the Act of 2024 were a reference to the taking of the action concerned under this section.”,

and

  • (b) in subsection (8) of section 97—
  • (i) in paragraph (a), by the substitution of “section 443 or 465 of the Act of 2024, as the case may be” for “section 199 of the Act of 2000”, and
  • (ii) by the substitution of the following paragraph for paragraph (b):
  • “(b) Subject to paragraph (c), the provisions of Chapter 3 of Part 15 of the Act of 2024 shall, in so far as they are relevant to this section, apply in relation to a claim for compensation under this subsection as if—

    • (i) references to a planning authority were references to a water services authority or such other person performing the action concerned pursuant to this section, and

    • (ii) references to section 443 of the Act of 2024 were references to this subsection,

    and subject to any other necessary modifications.”,

and

  • (iii) by the addition of the following paragraphs after paragraph (b):
  • “(c) In respect of a claim for compensation to which paragraph (b) applies, the time limits referred to in paragraph (f) of subsection (1) of section 447 of the Act of 2024 shall apply to a claim for compensation under this subsection as if a reference in that paragraph (f) to the consent given pursuant to subsection (4) of section 275 of the Act of 2024 or the order made under subsection (5) of section 275 of the Act of 2024 were a reference to the taking of the action concerned under this section.

  • (d) Subject to paragraph (e), the provisions of Chapter 7 of Part 15 of the Act of 2024 shall, in so far as they are relevant to this section, apply in relation to a claim for compensation under this subsection as if—

  • (i) references to a planning authority were references to a water services authority or such other person performing the action concerned pursuant to this section, and

  • (ii) references to section 465 of the Act of 2024 were references to this subsection,

and subject to any other necessary modifications.

  • (e) In respect of a claim for compensation to which paragraph (d) applies, the time limits referred to in paragraph (e) of subsection (1) of section 469 of the Act of 2024 shall apply to a claim for compensation under this subsection as if a reference in that paragraph (e) to the consent given pursuant to subsection (5) of section 276 of the Act of 2024 or the order made under subsection (6) of section 276 of the Act of 2024 were a reference to the taking of the action concerned under this section.”.
  • (2) Schedule 7 of the Principal Act is amended by the deletion of—
  • (a) the amendments to subsection (7) of section 92 of the Act of 2007, and
  • (b) the amendments to subsection (8) of section 97 of the Act of 2007,

specified at reference number 29 of column (1) of Schedule 7 of the Principal Act.

146. Amendment of section 33B of Act of 2021 and consequential amendment of Principal Act

146. (1) Section 33B of the Act of 2021 is amended, in subparagraph (ii) of paragraph (b) of subsection (3), by the insertion of “or regulations made under section 225 of the Act of 2024” after “Act of 2000”.

  • (2) Schedule 7 of the Principal Act is amended by the deletion of the amendment to section 33B of the Act of 2021 specified at reference number 58 of column (1) of Schedule 7 of the Principal Act.

147. Amendment of section 25 of Act of 2023 and consequential amendment of Principal Act

147. (1) Section 25 of the Act of 2023 is amended, in subsection (1), by the substitution of the following definition for the definition of “EIA portal”:

“ ‘EIA portal’ means the environmental impact assessment portal referred to in section 241 of the Act of 2024;”.

  • (2) Schedule 7 of the Principal Act is amended by the deletion of the amendment to section 25 of the Act of 2023 specified at reference number 66 of column (1) of Schedule 7 of the Principal Act.

148. Amendment of section 35 of Planning and Development (Amendment) Act 2025

148. The Planning and Development (Amendment) Act 2025 is amended by the substitution of the following section for section 35—

“35. (1) In so far as—

  • (a) the repeal, by section 6 of the Principal Act, of a provision of the Act of 2000 and any instrument made under it has not come into operation, or

  • (b) the repeal of the provision has come into operation but the provision continues to apply and have effect in accordance with the Principal Act after the repeal,

the provision or instrument shall, on and after the date of the coming into operation of section 148 of the Planning and Development (Amendment) Act 2026, apply subject to the modifications referred to in subsection (2).

  • (2) The modifications to apply under subsection (1) are as follows:

    • (a) references in the provision of the Act of 2000, or an instrument under it, to the National Planning Framework shall be construed as references to the National Planning Framework within the meaning of the Principal Act;

    • (b) references in the provision of the Act of 2000, or an instrument under it, to guidelines under section 28 of the Act of 2000 shall be construed as including references to National Planning Policy Guidance within the meaning of the Principal Act;

    • (c) references in the provision of the Act of 2000, or an instrument under it, to specific planning policy requirements shall be construed as references to National Planning Policies and Measures within the meaning of the Principal Act;

    • (d) references in the provision of the Act of 2000, or an instrument under it, to a regional spatial and economic strategy shall be construed as including references to a regional spatial and economic strategy within the meaning of the Principal Act;

    • (e) references in the provision of the Act of 2000, or an instrument under it, to a development plan shall be construed as including references to a development plan within the meaning of the Principal Act.”.

PART 4 Amendment of Housing Finance Agency Act 1981

149. Amendment of section 10 of Housing Finance Agency Act 1981

149. Section 10 of the Housing Finance Agency Act 1981 is amended, in subsection (3), by the substitution of “€15,000,000,000” for “€13,500,000,000”.

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