Damien English (Meath West, Fine Gael) | Oireachtas source

Government amendment No. 45 comprises two measures. The amendment deletes the provisions of section 35 of the Bill to amend section 28 (2) of the Planning and Development (Housing) Residential Tenancies Act 2016. Section 35 relates to the further extension of the duration of planning permission for certain developments relating to 20 or more houses, which is provided for in section 42 of the Planning and Development Act 2000, as amended by section 28(2) of the 2016 Act. This provision is being deleted from the Bill because a provision to the same effect has been provided for in section 1 of the Planning and Development (Amendment) Act 2017, which was enacted on 19 July 2017. As a consequence, it is no longer necessary to include this provision in the Bill.

Second, the amendment will make two very significant changes to the provisions in section 28 of the 2016 Act, which in turn amends section 42 of the principal Act of 2000, relating to the extensions of the duration of planning permission. The first change will permit the extension of the duration of a planning permission only where substantial works are carried out during the initial duration of the planning permission. This effectively removes a provision introduced in 2010, in the middle of the economic downturn, allowing extensions of the duration of planning permission even where development works have not commenced and where substantial works have not been carried out during the initial duration of the planning permission. Having regard to the current lack of housing supply, the option to extend the duration of planning permissions, without development having been commenced or alternatively carried out, can no longer be justified because it facilitates the hoarding of at least some planning permissions for housing developments, including in areas, where new housing is most needed and demand is acute.

The second change to the legislation underpins the provisions relating to the extension and duration of planning permissions; this provides for a maximum of two extensions of duration applications being allowed, the combined duration of which cannot exceed five years. This change will empower the planning authority to carry out a proper interrogation of the realistic timescale for completing a development and consider the application of a reduced period in the granting of a first extension duration in the knowledge that if an unforeseen event arises that further delays the completion of the works, the authority may reasonably grant a second extension of duration of the permission on application by the developer.

I will now address amendment No. 46 tabled by Senator Grace O'Sullivan. The Green Party amendment No. 46 proposes to amend section 35(2) of the Bill to give effect to and bring into immediate operation on the enactment of the Bill, amendments of section 42 of the principal Act relating to the extensions of the duration of planning permission that are set out in section 28 of the Planning and Development Act 2016. I should point out that section 28 of the 2016 Act contains two subsections.As I have outlined, subsection (2) relates to further extensions of the duration of certain planning permissions and it has been amended by the Planning and Development (Amendment) Act 2017, when the Minister, Deputy Murphy signed the commencement order in July 2017, bringing the amendments of section 28(2) of the 2016 Act into operation in August 2017. Therefore, this part of the Green Party amendment is unnecessary to the extent that it seeks to bring into operation on the passing of this Bill an action that is in operation. I am conscious that if the Bill is passed out, it is no-one's fault.

With regard to section 28(1) of the 2016 Act, this has not yet been commenced because section 35 of this Bill proposes to make certain further amendments to section 28. In this connection, Government amendment No. 45, which I have just outlined, proposes to amend section 35 by substituting a new subsection (1) that makes different amendments to section 28 of the 2016 Act.

These changes, which are aimed at tightening up the arrangements around extensions of durations of planning permissions, will confine extensions of duration to cases where substantial work is carried out through the initial period of the permission, and it will provide for a maximum of two extensions of duration for the completion of a development. There will be combined maximum duration of five years allowed for an extension of a planning permission.

Given the nature and significance of these changes, and I believe Senator Grace O'Sullivan will agree they are positive in helping to expedite and shorten the timeline for completion of certain developments and addressing the hoarding of land that is subject to planning permission, it is important to give notice to planning authorities, developers and other stakeholders of the new arrangements before they are brought in to operation. I do not, however, foresee a lengthy time lapse between enactment of the Bill and bringing it into operation by way of order commencing the amended section 28(1) of the 2016 Act, which I propose in this Bill. As I have indicated that some limited time is required to give notice of the introduction of the new arrangements having regard to their significance. I must, on that basis, oppose the Green Party amendment. I believe that Senator Grace O'Sullivan will agree with the overall thrust of the changes proposed to tighten up the extension of duration provisions. We want the same result but we just need a little bit of a time difference, if that is okay and if it is acceptable to the Senator.