Paudie Coffey (Waterford, Fine Gael) | Oireachtas source

My Department is currently reviewing, in the context of the forthcoming planning and development (No. 2) Bill, the provisions in section 180 of the Planning and Development Act 2000, as amended, relating to the taking in charge of housing estates with a view to improving and streamlining the taking in charge procedures. A particular focus of the review will be the time limits for the taking in charge of housing estates. My Department will consult with planning authorities in this regard.

Consideration will be given in this context to any amendments to the taking in charge procedures required to streamline the arrangements with regard to water services infrastructure, but I would emphasise that there is no barrier to taking in charge of estates as a result of the establishment of Irish Water. This was clarified again in circular 5/14 to local authorities issued by my Department in November 2014.

With regard to the extension of duration of planning permissions, section 42 of the Planning Act provides that the duration of a planning permission may be extended for up to five years where substantial works relating to the permitted development have been carried out during the period of the original planning permission, or where substantial works have not been carried out because there were considerations of a commercial, economic or technical nature beyond the control of the holder of the planning permission which substantially mitigated against either the commencement of development or the carrying out of substantial works during the period of the original planning permission.

A facility to obtain a second extension of duration of planning permission was rescinded in 2010. I am not aware of any particular problems with the current provisions regarding the extension of duration of planning permissions. However, if the Deputy wishes to write to me with specific examples, I would be happy to have my officials examine them.

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