Michael Finneran (Roscommon-South Leitrim, Fianna Fail)

Existing legislation covers planning permission where substantial work has been carried out on developments. If one has substantially completed works, one is entitled to an extension of planning permission to continue the development.

The provision in question is an attempt to address cases where work has not commenced. Section 23 seeks to amend section 42 of the principal Act to permit an application to be made to a local authority to seek the extension of existing permission. That mirrors the existing legal provision that allows the life of a permission to be extended where substantial works have been undertaken. The section provides for the extension of the permission for a period not exceeding five years in circumstances where substantial works have not been carried out but where there were commercial, economic or technical reasons beyond the control of the applicant which substantially mitigated against either the commencement of the development or the carrying out of substantial works.

My Department is examining section 23 with a view to bringing forward further amendments that set out the conditionality that will apply to the section. Amendments Nos. 53 to 55, inclusive, will be considered in that context and on the advice of the Parliamentary Counsel and the Attorney General. We will propose amendments on Report Stage to address the issues further. I am not in a position to give any comfort to Senator Daly on his suggestion. I accept he has not tabled an amendment.