Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

Amendment No. 726 seeks to amend section 135 regarding a request for alteration or extension of permission by clarifying that a development must have commenced before an extension of duration can be sought. The Bill as initiated did not have any restriction on when a request for an extension could be sought. It is appropriate that a request for an extension of duration can only be made where works have already commenced and means that the holder of a consent will not be able to seek an extension where the works have not yet commenced. 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 has caused uncertainty, particularly in the courts, and referring to works being commenced brings certainty to it. In most cases, development being commenced would mean that a commencement order would have been submitted to the local authority. This is to encourage holders of permission to commence development as soon as possible. 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 and a new application for permission will need to be made.

I also intend bringing a further amendment on Report Stage to provide for transitional arrangements with regard to extension of duration where a development has commenced prior to the enactment of the Bill. An application can be made under the Act of 2000 for an extension of duration for a period of two years from the date of enactment of the Bill. After that date, an application for extension of duration must be made under the provisions of the Bill. Will I continue or do members wish to discuss this amendment?