Pause on Permission Time Limits During Judicial Review

New planning legislation has been introduced which may significantly benefit developers whose permissions are tied up, or have previously been tied up, in judicial review proceedings. Our Planning & Environment team discusses the changes.

What you need to know

• Important changes have been made to the Planning and Development Act 2024 by the Planning and Development (Amendment) Act 2025.
• One of the most significant changes is the extension of the scope of a provision ‘stopping the clock’ for planning permissions that are being, or have previously been, challenged through judicial review proceedings.
• This provision has now been extended to also apply retrospectively to permissions subject to ongoing judicial review proceedings. In some circumstances it may even apply to concluded proceedings.
• The provision is extremely helpful for developers whose projects have faced or may face, significant delays due to legal challenges.
• However, it is important to note that it does not apply automatically. Also, it does not apply to all types of permission at all stages of development.

The Planning and Development (Amendment) Act 2025 (the Amendment Act) has introduced some important changes to the new Planning and Development Act 2024 (the 2024 Act).

One of the most significant changes is the extension of the scope of a provision ‘stopping the clock’ for planning permissions that are being challenged through judicial review proceedings. The provision has now been extended to also apply retrospectively to permissions being challenged through ongoing proceedings. It may also apply to concluded proceedings in some circumstances.

This is an extremely important and helpful change for any permissions which are currently facing, or have previously faced, a challenge to their validity through judicial review.

‘Pause’ for permissions during judicial review under the 2024 Act

As we discussed in our previous article, the 2024 Act is reforming the planning system in Ireland. It was signed into law in October 2024, but it is commencing on a piecemeal basis. As a result, many of the provisions of the Planning and Development Act 2000 (the 2000 Act) remain applicable for now.

Planning permissions, if granted, are subject to a time limit. After this period passes, the permission expires, and it can no longer be acted upon.

If the validity of a permission is challenged through judicial review, the time it takes for the judicial review to conclude is counted as part of the life of a planning permission. Judicial review is often a long, protracted process, so this can cause developers significant problems. Even if the permission is not quashed, following the conclusion of the proceedings, developers might find themselves with only a short window of time in which to complete the project.

The 2024 Act introduces a new provision which allows the duration of a planning permission to be “paused” during judicial review proceedings. The duration of the permission is considered to be suspended from the date of the commencement of the proceedings to the date of their conclusion. Then, if the permission is not quashed by the judicial review, the permission time limit will effectively ‘restart’ the day after the proceedings conclude.

The permission is not automatically paused. Notice in writing must be given to the relevant local planning authority, or to the Maritime Area Regulatory Authority in the case of maritime permissions.

This helpful new provision, set out in section 180 of the 2024 Act, commenced on 1 August 2025.[1] It applies to permissions granted under both the 2024 Act and its predecessor, the 2000 Act.

However, the original version of the 2024 Act stated that it only applies to judicial review proceedings brought on or after the date of the commencement of the section. This would limit the scope of the provision to proceedings brought on or after 1 August 2025.

Extension of scope under the Amendment Act

Importantly, amendments introduced by section 16 of the Amendment Act, which also commenced on 1 August 2025,[2] have now extended the application of section 180(10) of the 2024 Act. As a result, this provision also applies retrospectively to judicial review proceedings that are brought “before, on or after the date of the coming into operation of this section”.

This means that the ‘pause’ provision also applies to currently ongoing or live judicial review proceedings that were brought under the 2000 Act regarding permission granted under the 2000 Act.

In addition, the Amendment Act confirms that this provision also retrospectively applies to planning permissions that have spent time in judicial review proceedings that have now concluded. This is the case provided that the development did not ‘substantially commence’ before the conclusion of those proceedings. A declaration confirming that development did not substantially commence before the conclusion of the judicial review must be provided to the relevant authority.

Limitation to certain types of permission

It is important to note that the ‘pause’ provision does not apply to all types of permission.

It does not apply to any of the following:

1. Retention permission granted under the 2024 Act or the 2000 Act
2. Retrospective consent granted under the 2024 Act
3. Extension of duration granted under the 2024 Act
4. Outline permission granted under the 2024 Act or the 2000 Act
5. Permission under the 2000 Act that has substantially commenced before the conclusion of the relevant judicial review proceedings
6. Permission under the 2000 Act that has already expired
7. Strategic Housing Development permission granted under the 2000 Act which has expired, or where the development has substantially commenced before the conclusion of the relevant judicial review proceedings.

Conclusion

The ‘pause’ provision in section 180 of the 2024 Act is beneficial for developers, so it is helpful that the scope has been extended. This benefit is now available to permissions which are currently or have previously gone through the judicial review process.

This provision is a significant improvement in the planning process for developers. An unsuccessful judicial review could still cause delays to a project. However, there is now a reduced risk of expiry of the permission as a result of the proceedings and any of these delays are neutralised.

It is important to note that section 180 does not apply automatically. If you are considering relying on this provision, you need to first:

1. Check that it applies to your permission, as it does not cover all types of permission at all stages in the process, and
2. Serve notice in writing on the relevant authority in accordance with section 180(1) of the 2024 Act

For further expert advice, please contact a member of our Planning & Environment team.

The content of this article is provided for information purposes only and does not constitute legal or other advice.

[1] S.I. No. 379/2025 - Planning and Development Act 2024 (Commencement) (No. 3) Order 2025

[2] S.I. No. 380/2025 - Planning and Development (Amendment) Act 2025 (Commencement) Order 2025