Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

I spent a long time discussing this yesterday. The extension of duration of permission provisions in the Act of 2000 refer to "substantial works" having being carried out before the extension is sought. This language previously caused some uncertainty, particularly in the courts, and by referring to works being commenced brings certainty to it. As I said to Deputy Ó Snodaigh, what we will be doing is bringing forward regulations. I appreciate that Deputy O'Callaghan cannot see the regulations now. It would not be normal to have the regulations running side by side when the Bill is being debated. When I bring the regulations forward, I will be really clear on what constitutes a commencement. That is important.

In the event that a holder of a development does not commence before the end of the duration of a permission, the permission will expire. I have said that already. What Deputy O'Callaghan is asking me is if an application for an extension to a permission could be refused if substantial works take place. From my reading of it, it would have to be quite a good reason for it to be refused if substantial works were carried out.

We also dealt with the scenario before whereby phases 1 to 4 were built out and completed and phase 5 had not been started at all. That would then become unauthorised and an application would need to be made for it. An applicant would need to go back in again for an application for the uncommenced or uncompleted works outside of the permission period. That is the position.