Act’s one-off opening to expand housing delivery
Section 28 of the The Planning and Development (Amendment) Act 2025 gives developers a one-time opportunity to extend the duration of their uncommenced housing developments, a note on the Fieldfisher website explains.
Most of the 2025 act deals with harmonisation between the 2000 and 2024 acts, but there are also important changes.
Lawyer Breen Purcell writes that the act’s key reforms are aimed at speeding up housing delivery and making better use of existing permissions.
There is a strong focus on maximising the potential of existing planning permissions, particularly for residential developments.
The section 28 extension can be requested between two years before a planning permission expires and six months after the act’s implementation, with work to start within 18 months of the extension being granted.
Additionally, section 44B introduces a fast-track process for modifying existing residential planning permissions.
Developers can apply for a certificate of ‘permitted modification’ to increase housing density and unit numbers in line with updated guidelines, avoiding the need for a new planning application.
However, this option is only available within two years of the enactment, and certain restrictions apply, including no right of appeal, the Fieldfisher lawyer writes.
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.
Supply-chain issues
The act seeks to address challenges such as inflation and supply-chain issues, giving developers more flexibility to move forward with housing projects.
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.
Local authorities and planning professionals are advised to act swiftly to ensure timely processing of applications, as strict deadlines are in place.
“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,” writes Purcell.