Phil Hogan (Carlow-Kilkenny, Fine Gael)

Under section 42 of the Planning Act, an extension of planning permission is given, 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 regulations was made before the expiration of the initial period. An amendment to these provisions was introduced in section 28 of the Planning and Development (Amendment) Act 2010 to provide that the duration of a planning permission may be extended where substantial works have not been carried out, or where the development has not even commenced, in cases where the planning authority is satisfied 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 pursuant to the planning permission, again provided that an application complying with the relevant regulations was made before the expiration of the initial period.

The new provision is, however, subject to a number of qualifications, including that the planning authority is satisfied there have been no significant changes in the development objectives in the development plan or in regional development objectives in the regional planning guidelines for the area of the planning authority 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; and that the planning authority is satisfied 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. I consider the new provision strikes an appropriate balance and that it is right that in cases where substantial works have not been carried out, or the development has not even commenced, the duration of permission should not be extended in respect of developments for which the planning authority would now refuse permission in respect of current applications.

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