Michael Finneran (Roscommon-South Leitrim, Fianna Fail)

I thank Senator Brian Ó Domhnaill for bringing this matter to my attention.

Under section 40 of the Planning and Development Act 2000, the duration of a planning permission should normally be a period of five years from the grant of permission. However, under section 41 of the Act, a planning authority or, as the case may be, An Bord Pleanála, may, having regard to the nature and extent of the relevant development and any other material consideration, specify a period in excess of five years during which a permission is to have effect. It is, however, the responsibility of an applicant in the first instance to request such a longer duration in appropriate circumstances.

Under section 42 of the 2000 Act, the holder of a planning permission may apply to the relevant planning authority for an extension of the period originally specified. Subject to compliance with certain requirements, including that substantial works were carried out pursuant to the permission during the period originally specified, a planning authority may extend the duration of the permission by such additional period as it considers necessary to enable the relevant development to be completed.

This additional period may be further extended where, upon application, the planning authority is satisfied that the development has not been completed due to circumstances beyond the control of the applicant.

It is apparent therefore that reasonable provisions were made in the 2000 Act to allow flexibility within the planning system to accommodate the specific circumstances of individual developments.

However, in the current economic situation, it is evident that cases may arise where, due to external circumstances beyond the reasonable control of a developer, it may not be possible to commence a development within the period originally specified in a planning permission or, indeed, to carry out substantial works under a permission.

In addition to the latitude currently available, therefore, the Minister for the Environment, Heritage and Local Government is disposed, in the context of the drafting of the planning and development amendment Bill, to enable planning authorities, on application, further to extend the period of a planning permission where particular considerations beyond the control of the planning applicant would warrant it.

The Minister considers that such further flexibility, which may be exercised by planning authorities on a case-by-case basis, would be a more appropriate response to current circumstances than provision for a blanket extension of all existing planning permissions. He does not consider that a fee of the level imposed in respect of an application for an extension of the duration of a planning permission — currently €62 — is a significant impediment or cost.

I understand that it is the intention to publish the planning and development amendment Bill soon and this provision will be included. I am glad to be of assistance to the Senator today. We have already contemplated what he has proposed and we hope to be in a position to accommodate it in the Bill that will be published shortly.