Oireachtas Joint and Select Committees

Thursday, 11 April 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

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

First, in regard to that element of it, the work that is built out has to be done according to the planning permission that has been granted, and it has to be looked at. That piece has to be compliant. If other works have not been started or completed, it is a new application and the new application will be assessed by the planning authority taking into account all relevant facts.

The reason I referred Deputy O'Callaghan to section 166 is that even if you have run out of time, what you have built so far, which will have been built in accordance with the permission and be compliant, is not unauthorised. The next piece, which you have not started, will be. This is getting into hypothetical scenarios. Section 135(1)(a) contains the phrase "alter the terms of a permission, provided that any part of the development to which the permission relates that has been carried out is in compliance with the permission." You have to show you are already in compliance.

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