Fergus O'Dowd (Louth, Fine Gael)

I am pleased to have the opportunity today to discuss the provisions of the planning code as they relate to the scope to seek to extend planning permissions.

Section 28 of the Planning and Development (Amendment) Act 2010 amended section 42 of the Planning Act 2000 to provide that the duration of a planning permission may be extended where substantial works have not been done, or where the development has not even commenced, in cases where the planning authority is satisfied that there were considerations of a commercial, economic or technical nature beyond the control of the applicant which substantially militated against either the commencement of development or the carrying out of substantial works. This is pursuant to the terms of the planning permission, provided that an application complying with the relevant regulations was made before the expiration of the original permission.

This provision is, however, subject to the following qualifications. The planning authority must be satisfied that there have been no significant changes in the development objectives in the development plan or in regional development objectives in the relevant regional planning guidelines since the date of the permission, such that the development would no longer be consistent with the proper planning and sustainable development of the area. The planning authority must be satisfied that the development would not be inconsistent with the proper planning and sustainable development of the area, having regard to any guidelines issued by the Minister under section 28, such as those dealing with flood risk management, even if those guidelines were issued after the date of the grant of permission. Finally, the planning authority must be satisfied, where the development has not commenced, that an environmental impact assessment, or a habitats directive appropriately assessed, or both of those assessments, if required, was or were carried out before the permission was granted.

In extending the duration of permission under the new provision, it is open to a planning authority to attach conditions requiring the giving of adequate security for the satisfactory completion of the proposed development. Planning authorities may also add to or vary any conditions regarding security to which the permission is already subject under section 34(4)(g) of the Planning Acts. This type of condition - a condition requiring a bond, or a further bond - is the only condition that may be attached to an extension of permission. A planning authority may not, when granting an extension, vary the initial permission in any other way.

The previous provisions in section 42 of the Planning Act 2000 remain in force, allowing an extension of permission to be automatically granted on application, in a case where substantial works have been carried out within the original duration, subject only to the condition that an application, complying with the relevant planning regulations, was made before the expiration of the initial period.

I consider that the new provision strikes an appropriate balance. It is proper and prudent practice that in cases where substantial works have not been carried out, the duration of permission should be re-assessed against the current planning policies and legislation in force at the time. The duration of permission should not be extended in respect of developments for which the planning authority would now refuse permission if an application were submitted de novo.

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