Seanad debates

Wednesday, 25 November 2009

Planning and Development (Amendment) Bill 2009: Committee Stage (Resumed)

 

9:00 pm

Photo of Paudie CoffeyPaudie Coffey (Fine Gael)

I move amendment No. 53:

In page 27, line 12, to delete "each of".

Section 23 refers to the extension of planning permission. In the light of the current economic circumstances, it is proposed to extend the period of planning permission from two years to five to cater for unfinished developments with planning permission where the developers are under financial strain. I can understand why one would press for an extension of planing permission owing to the economic climate. There is no demand for a lot of property; it is not selling and the markets are down. This will have an impact on how communities develop. This, I presume, is the reason the Minister of State is proposing to extend the period.

I have concerns about the extension. Members referred to bonds for unfinished estates and developments. Once a development has substantially commenced, a developer is entitled, by law, to seek an extension of the time to complete it. The council must grant such an extension and the period is usually up to two years. If I understand the matter correctly, it is being proposed to extend it to five years. The legal advice is that one cannot try to use the bonds set down as part of a planning permission unless the developer has been given the opportunity to finish the development in the extended period allowed. There are implications associated with the extension from two years to five. Councils cannot call in the bonds until the planning permission has expired.

There is a catch-22 in that, while one may be helping developers by extending the period to five years and allowing them time to recover financially and the markets to recover, estates and developments will remain unfinished for a long period. As public representatives all know, residents of estates and people in communities will complain about half-built infrastructure and developments, most likely boarded up. They are constantly calling on their local elected representatives and councils to enforce enforcement orders to have the developments finished. By enforcing this section of the Bill, it will tie the hands of councils in trying to make developers finish their developments. I, therefore, ask the Minister of State to take the amendment on board. I am interested in hearing his views.

Amendment No. 54 more or less speaks for itself. We propose that the creation of jobs be considered by the Minister of State in this context.

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