Brian Lenihan Jnr (Dublin West, Fianna Fail)

It is true that one is empowered to apply and the decision is taken on a set of criteria different from the original planning application, and to that extent NAMA has an element of entitlement to obtain the permission but it is not unrestricted. My amendment is in the same sense as the Labour Party's amendment to harmonise with the new legislation. The authority must be satisfied:

(I) 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

and

(II) 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 authority would not, as a result of those changes, grant an application for permission for the development as being in material contravention of the proper planning and sustainable development of the area of the authority".

There is a threshold that must be satisfied before the agency can obtain a planning permission under this provision.