Looking ahead in 2025: Planning and environmental law update

Planning and Development Act 2024: To submit or not to submit, that is the question

The Planning and Development Act 2024 (New Act) was signed into law on 17 October 2024. In March 2025, the Government published the Implementation Plan for the commencement of the legislation. The New Act will be commenced on a phased basis, commencing in Q2 2025. The first provisions to be commenced will include the establishment of An Coimisiún Pleanála – the planning decision-making body that will replace An Bord Pleanála. Later in 2025, changes to planning policy and other measures will be implemented, with no timeline as yet indicated for the remaining provisions.

The existing provisions of the Planning and Development Act 2000 (as amended) (2000 Act), will remain in place until the relevant provisions of the New Act are commenced and the corresponding provisions in the 2000 Act are repealed.

For renewables projects seeking to progress an application for planning permission in 2025, the provisions of the New Act relating to planning consents, applications for consents (including provisions allowing for design flexibility) and appeals will not be commenced until late 2025 at the earliest.

Any planning applications for renewables development submitted prior to the commencement of the relevant provisions of the New Act, will be decided under the 2000 Act. It is also worth noting that the New Act provides a more complex procedure for extending the duration of planning permissions, but this process will not apply until three years following the passage of the New Act.

Renewable Energy Directive (REDIII): A framework to deliver faster permitting?

Directive 2023/2413 (RED III) required Member States to transpose provisions aimed at speeding up the permitting processes for renewable energy projects by 1 July 2024. Ireland has not implemented the provisions, and the EU has issued a formal notice against Ireland. RED III provides for streamlined and speedier permitting procedures for renewable energy projects. It also provides for a presumption that certain renewable energy projects are of “overriding public interest and serving public health and safety”. In the context of the implementation of the New Act, there is scope to implement and address the RED III requirements, including the designation of renewables acceleration areas.

Planning and Environmental Court: An evolving approach

Since its establishment, the Planning and Environment Court saw its caseload increase by 73%. This has resulted in an increase in judgments and evolving jurisprudence. Of note is the increase in climate litigation with the recent decision in Coolglass Wind Farm Limited v An Bord Pleanála and the ongoing Court action challenging the validity of the Climate Action Plan 2024.

In Coolglass, the Court considered the obligations of relevant bodies under Section 15 of the Climate Action and Low Carbon Development Act 2015 (as amended) (“Climate Act”). Section 15 provides that relevant bodies must “in so far as practicable, perform their functions in a manner consistent with” the climate plans, policies, and objectives referred to in section 15. The Court found that this obligation amounts to a “comply with” obligation such that the decision-maker must comply with the relevant climate plans, policies, and objectives, unless it is not possible or practicable. ‘Practicable’ in this context means capable of putting into practice, not merely doing what is reasonable.

The judgment in Coolglass is positive for proposed renewable energy developments. It seems likely that applications for such developments (particularly under the SID provisions) are far more likely to be granted than previously.

It seems likely that future Climate Action Plans will be challenged in the Courts. Such challenges may necessarily cause delays in the determination of Judicial Review cases relating to renewables development, where the Climate Action Plan will have been considered as part of the decision-making process.

Michelle Martin
Partner, William Fry LLP

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