James Browne (Wexford, Fianna Fail)

Amendments Nos. 10 and 12 to 14, inclusive, seek to amend the timelines in section 16, which amends section 42 of the Act of 2000. Amendments Nos. 10 and 12 seek to provide that applications for extension of duration of uncommenced housing developments may only be made in the last year of permission remaining, rather than the last two years, as set out in the Bill.

Existing planning regulations set out that an application for an extension of duration under section 42 of the 2000 Act may only be made in the final year as a development must have substantial works carried out. For uncommenced housing developments, it is appropriate to allow such applications in the final two years of a permission. Where a permission has two years or less remaining, there may be viability issues associated with the development in terms of putting the arrangements in place to commence and carry out substantial works in order to avail of a regular extension of duration. Allowing an application to be made when there is two years left of an uncommenced permission deals with these issues. Allowing applications for extension of duration for uncommenced housing developments in the final two years is appropriate as it will allow development sooner. If it were limited to the final year, the only option for developers at the moment would be to apply for a new permission if they could not meet the criteria for an extension.

Amendment No. 13 seeks to reduce the overall extension of duration period from five years to three. I cannot accept the amendment. The five-year period is well established and, in general, strikes an appropriate balance between the length of the necessary construction period and the length a permission may be acted upon. I am satisfied five years continues to be appropriate with regard to extended durations of permission.

Amendment No. 14 seeks to provide that development must commence within six months of the coming into operation of the provision on extension of permission, rather than the 18 months set out in the Bill. I cannot accept the amendment as it conflicts with the timeframe set out in the Bill. The Bill provides that applications for extension of duration may be sought within six months of the coming into operation of the provision. It is therefore not possible that developments should be commenced within six months of the coming into operation of the provision. The Bill sets out that the applications for extension of duration may only be made within six months of the coming into operation of the provision. Further works must commence within 18 months of that coming into operation; otherwise, the extension will cease to have effect. These time periods run concurrently; for example, if a person applies for and is granted an extension within the first month of the operation of the provision, they have 17 months to commence development before the extension ceases to have effect. If a person applies for and is granted an extension six months after these provisions come into effect, they will have only the remaining 12 months to commence work before the extension ceases to have effect. I am satisfied these timeframes are appropriate and therefore cannot accept these amendments.

Amendment No. 11 seeks to provides that, as part of an application for an extension of duration, the applicant shall submit a viability assessment and a detailed schedule of works. I cannot accept this amendment as there are already regulations associated with section 42 of the 2000 Act which deal with some of these issues. Article 42 of the Planning and Development Regulations 2001 provides that applications for extensions of duration should be accompanied by, among other things, particulars of the works which are proposed to be carried out pursuant to the permission during the period by which the permission is sought to be extended; the date or projected date of commencement of the development to which the permission relates; the period by which the permission is sought to be extended; and the date upon which the development is expected to be completed. I am satisfied that these requirements are sufficient and it is appropriate that such matters are set out in regulations rather than primary legislation. Prior to commencing this provision, these regulations will be reviewed and will be updated, if needed, to reflect this provision.

See this speech in context