Kieran O'Donnell (Limerick City, Fine Gael) | Oireachtas source

Within the eight-week period, the planning authority must either grant or go out on further information, FI, and the applicant has six months in which to come back with that further information. They have a further four weeks then to make a decision. The local authority has to make a decision based on the further information when it is submitted by the applicant. This particular amendment is consistent with section 34(9) of the existing planning Act, "Where ... the applicant for a permission under this section gives to the planning authority in writing his or her consent to the extension of the period for making a decision under subsection (8), the period for making the decision shall be extended for the period consented to by the applicant." Obviously, the applicant will take that under advisement from the local authority. The decision then has to be made by the local authority within that extension of the period.

Theoretically, it can request further information. If the extension is for a month, then within that period of time the council has to make a decision on whether to grant it. It could look for further information in that period but that is not what it is there for. In theory it could, but what it is there for is to give a further extension of time for the council to be able to make a decision. If it looks for further information, then that request is sent out within the initial eight-week period. I want to be legally categorical on this for Deputy Ó Broin.