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ARTICLE · 16 MAY 2024

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Stop The Clock!

Philip Lee
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In this article, Alice Whittaker, partner in the environment and climate group in Philip Lee, outlines how a new ‘stop the clock' provision in the Planning and Development Bill 2023 is intended to operate, why it is being introduced, the risk of unintended consequences, and possible alternative solutions to minimise the risks of injustice in future planning judicial reviews under the Bill.

IrelandReal Estate and Construction
Alice Whittaker
Alice Whittaker

On 18 April 2024, the Select Committee on Housing, Local Government and Heritage signed off on an amended version of the Planning and Development Bill 2023 (the Bill). The amended Bill is available online.

A new section 173 would "stop the clock" on every planning permission that will be subject to a judicial review under Part 9 of the Bill, once enacted. The Bill will make it easier and less expensive to commence a judicial review of a planning decision under Part 9.

A Part 9 JR would be commenced by lodging the necessary paperwork in the Central Office of the High Court, within the applicable time-limit, and the applicant would not be required to apply to the Court for "leave" to judicially review the planning decision.

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