Mark Daly (Fianna Fail)

I welcome the inclusion of section 23. It is very important because it amends section 42 of the 2000 Act, under which, if somebody's property has been substantially completed, he or she can obtain an extension of the period in which the works may be completed. The main reason for the exercise of section 23 is to address the needs of those who cannot get a loan from the bank. Such persons would be able to apply for an extension of the period in which to complete their building. It could happen that they could not go ahead and their planning permission would lapse, thus leaving them unable to obtain planning permission again on the site and leaving them stuck, having bought the site for €50,000 or €100,000 and having been paying a mortgage thereon. In such cases, they would be stuck with a field without planning permission.

We could work on one measure, a power given to NAMA. Some of my colleagues in this Chamber and around the country will be aware that in recent months a number of planning permissions lapsed. I refer to one-off cases in rural areas where those who bought sites were not able to proceed with their developments. They are now left with land that is no longer an asset. As planning restrictions become tighter in rural Ireland, such persons may not be able to obtain planning permission. I ask the Minister of State to backdate the legislation to benefit those who have fallen into this trap. There is a precedent for so doing in Schedule 2 to the NAMA Act, whereby NAMA can apply to local authorities to backdate planning permissions that have expired since 1 January. If we are to give the power to NAMA to revive planning permissions, a matter which is very difficult for local authorities to deal with, it must be taken into account. If a local authority is to give planning permission, it must know that all the permissions it has issued are extinct. NAMA will be reviving planning permissions and putting a strain on services. I ask the Minister of State to consider that people would be able to do what NAMA will be able to do, namely, to backdate planning permissions that have died since 1 January 2009 and revive them in the same way as NAMA will be able to do.