Amendments to section 50A of the Planning and Development Act 2000 (as amended)

Provisions in The Planning and Development, Maritime and Valuation (Amendment) Act 2022 (No. 29 of 2022) that amend section 50A of the Planning and Development Act 2000 (as amended) were commenced on 20 October 2022 by Ministerial Order (S.I. No. 523 of 2022).
 
The amendments to section 50A include:
 

1. That an applicant has exhausted any available appeal procedures or any other administrative remedy available to him or her in respect of the decision or act concerned before bringing judicial review proceedings, and

 

2. That if on an application for judicial review the Court decides to quash a decision or other act as referred to in s. 50(2) of the 2000 Act, then the Court shall, if requested by the applicant for permission or approval, remit the matter to the planning authority, the local authority or the Board, as may be appropriate, for reconsideration, subject to such directions as the Court considers appropriate. There is an exception to this where the Court considers, having regard to the circumstances of the case, that it would not be lawful to remit the matter.

 Written by Jonathan Moore.