John Gormley (Dublin South East, Green Party)

The Deputy knows section 42A was inserted in the planning Act by the NAMA Act 2009 to provide for planning extensions as they relate to planning permissions applicable to properties that have been taken into the ownership of NAMA. Section 42A provides that an application to extend a planning permission can be made by NAMA before or up to two years after planning permission has expired, where such planning permission has expired during the years 2009, 2010 or 2011.

Under section 42, including as amended by the Planning and Development (Amendment) Act, other applicants will not be entitled to seek an extension after planning permission has expired. The differentiation in this is justified because of the circumstance that NAMA might acquire land or property after the permission has expired and so would not be in a position to make an application for extension within the normal time limit. More important, the provision is designed to protect and limit the overall financial exposure to the taxpayer and the State by optimising the potential value of developments or sites taken in by NAMA. This is the point that has been made by the Deputy. The concept of reinstituting an expired or dead permission is not catered for within the existing general planning code for other applicants and would be an unacceptable departure from planning legislation that deals with current planning permissions.

As the Deputy knows, we have tried to integrate good planning practice into NAMA. We have to ensure the properties that have been taken into NAMA realise their value. We have done that in the best possible way by ensuring best planning practice in the process.

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