The Planning and Development (Amendment) Act 2025

The 2025 Act amends the Planning and Development Act 2024, the Planning and Development Act 2000, and related statutes, with a strong focus on maximising the potential of existing planning permissions, particularly for residential developments.Whilst the majority of the 2025 Act deals with harmonisation between the 2000 and 2024 Acts, there are important changes brought by the 2025 Act to be aware of.

Section 28 - New Extension of Duration provisions for un-commenced housing developments

S. 28 of the 2025 Act amends s. 42 of the 2000 Act. The new provision gives developers a new once-off opportunity to extend the "appropriate period" of their permission, even if the development has not commenced.

The new provisions are intended to give developers additional flexibility to move housing developments forward recognising that significant challenges that have impacted the commencement of the development, including inflation and supply chain constraints.

Applications must be made no earlier than 2 years before the permission expires and no later than 6 months after s28 comes into operation.

If the extension is granted, work must commence within 18 months or the extension lapses.

Section 44B - Modification of Existing Residential Permissions

One of the most significant changes is the introduction of s. 44(b) which creates a "fast-track" route for holders of existing residential permissions to apply for a Certificate of "Permitted Modification".

This new section is designed to help developers increase housing density and the number of units in line with the updated Apartment Guidelines 2025, while avoiding the delays and uncertainties of submitting a completely new planning application.

Applications must be submitted within 2 years of the 2025 Act’s enactment. All decisions are final and there is no right of appeal. Modifications cannot proceed if; Development has already begun, if an Environmental Impact Assessment (EIA) or Appropriate Assessment (AA) is required, or if the proposed changes would violate housing limits within strategic development zones.

Responsibilities

For developers, the new s28 extension provisions and the s44B mechanism present clear opportunities to review existing permissions promptly and identify possibilities for extensions or modifications. It is crucial to act quickly within the strict statutory deadlines, as some opportunities will expire just months after the provisions come into effect.

Local authorities are required to respond with procedural readiness, establishing application forms, processing protocols, and publication methods without delay. This preparation is essential to comply with statutory deadlines, which can be as short as eight weeks under s. 44(b).

Planning practitioners and solicitors face both advisory and transactional responsibilities. They need to be able to guide clients with residential permissions on eligibility and timing, incorporate extension or modification potential into site acquisition due diligence and recognise the enhanced marketability that permissions improved under s. 44(b) can provide.