The new reality with automatic permit suspensions pending third party appeals

Abstract

The government is set about changing the planning laws so that when a planning permit is issued by the Planning Authority and after that there is a third party appeal against that decision, the works cannot start. It is challenging to assert that it would be unreasonable to halt construction activities when a ruling from the Environment and Planning Review Tribunal (EPRT), triggered by a third-party appeal, has the authority to revoke the permit. In such a scenario, if construction has already commenced and, even more concerning, progressed to some degree, the necessity to dismantle the construction becomes a reality. Therefore, at the end of the day, it benefits everyone to have permissions being executed once everyone knows that such permit is certain and cannot be taken away.