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COVID_19

FREQUENTLY ASKED QUESTIONS _ PLANNING & COVID_19

New Timelines

On 29 March, 2020,  the Minister and the Government, taking account of the considerations under section 251A(5) of the Planning and Development Act, 2000 as amended, made orders which   resulted in an extension of time for a range of specified/appropriate periods and timelines under the Planning and Development Act 2000(as amended).  This period  which was  previously  extended on the 16th April,  has been  extended  for a further period.    The Government  has therefore   extended  the Order that originally commenced on Sunday 29th March 2020, until Saturday  23rd May 2020 inclusive, a total period of six weeks (56 days). 

 

These timeslines have implications for planning decision dates, consultation periods, newspaper notices and site notices. This  has the effect that the period from 29th March 2020 to the  23rd May 2020, inclusive, may be disregarded when calculating any appropriate period, specified period, or other timelines in the Planning and Development Act 2000 (as amended) 

 

You are  advised to review in full the Department of Housing/ Planning & Local Government document 'Frequently Asked Questions Order made under Section 251A of the Planning and Development, Act 2000, as amended, on 29 March 2020' Updated the  8th May  2020 , this can be accessed using the following link

 https://www.housing.gov.ie/sites/default/files/publications/files/faqs_revision_3_080520.pdf

This document should be reviewed in full, and  sets out the details in respect of  lodgement of applications,newspaper notices, site notices, submissions, preplanning, decisions and appeals.    

A number of queries have been raised with respect to Newspaper Notices & Site Notices, and for ease of reference these are set out below, however as stated  the FAQ document by the Department should be reviewed in full. 

 

SITE NOTICES

11) Should Site Notices be maintained on site during the period of the Extended Order?
Yes, site notices for all planning applications submitted after 21st February 2020, should be maintained on site during the period covered by the further extended Order under Section 251A. For planning applications submitted prior to 29th March 2020, site notices must be maintained on site for the unexpired period of the initial five-week consultation period that remains after 23rd May 2020. For planning applications submitted after 29th March 2020 during the period covered by the further extended Order, site notices must be maintained on site for five-weeks after 23rd May 2020 i.e. until 27th June 2020. The additional five-day period between the cessation of Covid-19 public health emergency restrictions on non-essential activity on 18th May 2020 and the cessation of the further extended Order under Section 251A on 23rd May 2020 is to facilitate an orderly resumption of activity in the planning system. On the assumption that the implementation of Phase 1 of the Roadmap for Reopening Society and Business proceeds as planned, and taking account of national and sectoral protocols and relevant local operating procedures, it is expected that the erection of new site notices may be undertaken from Monday 18th May 2020. 

NEWSPAPER NOTICES

12) Does the Further Extended Order apply to Newspaper Notices? Yes, the two-week period in which to lodge a planning application, following publication of a valid newspaper notice, is extended for the period covered by the further extended Order. Newspaper notices published less than 14 days prior to 29th March 2020, i.e. from 16th March 2020, will remain valid until at least one day after the cessation of period of the extended order. This is because the unexpired part of the relevant two-week period 6 remaining on 29th March 2020, i.e. a minimum of 1 day up to a maximum of 13 days, subject to when the newspaper notice was published, will still remain after the end of the period of the further extended Order. Newspaper notices published anytime during the period of the extended Order, i.e. from 29th March 2020 to 23rd May 2020 inclusive, will remain valid for two weeks after the cessation of the period of the further extended Order i.e. until Saturday 6 th June 2020.

13) Are Newspaper Notices published on-line during the period of the Further Extended Order valid for Planning Application purposes? No. In accordance with Article 18(2) of the Planning and Development Regulations 2001 (as amended), newspaper notices submitted with a planning application purposes must be published in a newspaper that has been agreed with the planning authority to have a sufficiently large circulation in the relevant area.