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

Amendment No. 791 inserts a new section: "Suspension of running of duration of permission due to Part 9 judicial review proceedings". This amendment will suspend or pause a planning permission where it is subject to a judicial review, JR. Under the Planning Act 2000, there is no restriction on the holder of a permission commencing the development while the permission is subject to JR, but the reality, as most people know, is that the holder of a permission does not commence work in such situations given the uncertainty around the development as a result of the JR proceedings. This means that if a permission is for five years and is held up in JR proceedings for two years, then the developer has only three years in which to undertake development.

The period for which the permission is suspended will be from the date of the notification of the commencement of the JR proceedings until the date of the notification that the proceedings are concluded. The amendment also sets out the arrangements for such a pause in permission, including notification arrangements. By providing that a planning permission is to be suspended while subject to JR, that will ensure that if a JR is not upheld, a holder of the permission will have the full term of the permission to build the development. That is crucial. If the JR is upheld, then the permission will no longer be valid and no development will take place.

We have had a number of situations where the clock is still ticking while the JR is in the courts. If the decision is against the JR and upholds the permission, all the time has been lost. That should not pertain. This provision will apply to all planning applications that are subject to a JR. It will give certainty to the holder of a permission and any other interested parties with regard to the status of the development while the JR is under way.

Deputies Ó Broin, Gould and Ó Snodaigh tabled five amendments to my amendment No. 791. I cannot accept these amendments.