Dara Calleary (Mayo, Fianna Fail)
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Question 6: To ask the Minister for the Environment; Community and Local Government if his attention has been drawn to the difficulties with planning permission extensions, in particular on rural dwellings, that have been denied due to changed environmental standards subsequent to the granting of the original permission; the actions he has taken to address this issue; and if he will make a statement on the matter. [30366/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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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.

Niall Collins (Limerick, Fianna Fail)
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I disagree with the Minister's assertion that the new provision strikes a balance. It is my contention that it does not do so. As I am sure is the case for other Deputies who represent a rural constituency and are involved in interactions relating to one-off rural housing applications, I have evidence to support my argument. I have dealt with approximately 20 applications for one-off rural housing developments since the legislation was introduced and planning extensions were denied in all but one instance. There is an inherent hypocrisy in the legislation which, I accept, was introduced by the previous Government. I voted in favour of it at the time but I would like to see it changed now. There is a need for a practical and reasonable approach in respect of this matter.

If a person's original planning permission has a year to run, he or she can build a house and live in it for as long as he or she desires. If, however, he or she cannot built it within the first five years and applies to roll the permission over into the following five years, he or she will be refused. That is a contradiction in terms. We are all aware that it is difficult to obtain planning permission. Regardless of how it is dressed up, the policy does not favour one-off rural housing developments. Everyone knows this to be the case and we may have participated in the development of the system through the creation of local area plans. Planning permission extensions were designed, in view of the prevailing economic circumstances, to give people an opportunity to proceed with their developments at some point. In addition, an appeal system was supposed to be put in place but provision in respect of it was not included in the legislation. We should re-examine this matter. If a person has planning permission, he or she should, regardless of the environmental standards that apply, be allowed to extend it, particularly in light of current financial circumstances.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I take on board what Deputy Collins stated in respect of this matter. I will be bringing forward a new planning and development Bill in 2012 and this will provide us with an opportunity to review some of the anomalies thrown up by the 2010 Act about which both the Deputy and I are concerned. I also take on board the Deputy's statement to the effect that he dealt with 20 applications since the latter Act was passed and that only one of these was successful. Perhaps we should survey all local authorities in order to determine their experience to date in respect of extensions to planning permission. I would be glad to facilitate the carrying out of such a survey.