Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I thank Senator Gallagher for his important intervention in this area. I also agree with the sentiments expressed about the tours of the Houses. It is great to see people back in the Gallery. It is important that the Oireachtas is open to students and for people to be able to see the great work that goes on here.

The duration of planning permission is generally set at five years, but planning authorities may grant shorter or longer durations. The maximum duration for residential development planning permission to remain valid is ten years. Section 42 of the Planning and Development Act 2000, for example, enables a planning authority to extend the initial duration of planning permission, provided that certain conditions are met. In September 2021, the Minister instituted a package of measures to amend section 42 of the Act and related provisions in the Planning and Development Regulations 2001, including, among other aspects, a new temporary provision in the context of section 42. Section 42(1B) was introduced to respond to the construction delays caused by the impact of the Covid-19 pandemic. This provided a further extension of the duration for planning permission by an extra two years, or until 31 December 2023, whichever first occurs, subject to certain requirements being met. Section 28(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016 was commenced, which entailed the deletion of section 42(1)(a)(ii) of the Planning and Development Act 2000. This removes the possibility of an extension of duration for uncommenced developments or developments where substantial works have not been carried out.

Section 42(8) of the Planning and Development Act 2000 was introduced to provide that: "A planning authority shall not extend the appropriate period under this section in relation to a permission if an environmental impact assessment or an appropriate assessment would be required in relation to the proposed extension". As such, a planning authority can only grant an extension of duration where it is satisfied that: the development has commenced; substantial works have been completed; the development will be completed in a reasonable time; and an environmental impact assessment and appropriate assessment are not required for the proposed extension.

I note the concerns raised regarding the lack of a lead-in time for the commencement of section 28(1) of the 2016 Act which deleted the power to grant an extension of duration for uncommenced development. However, this provision has been enacted on the Statute Book since 2016, providing ample time for developers to apply for an extension of duration or to commence a development before the provision was commenced in 2021. Cognisant of the recent impacts of Covid-19 on the construction industry, section 42(1B) provides, on a temporary basis, for further extensions in respect of planning permissions where an extension of duration has already been availed of, by up to an additional two years or until 31 December 2023, whichever first occurs. This will facilitate the completion of developments - such as vital housing projects - already commenced and with substantial works carried out, which were delayed or interrupted due to the impacts of Covid-19 on construction activity.While there may be legitimate reasons a developer has not commenced or carried out substantial works under a planning permission, to allow such developments avail of an extension or further extension beyond their initial duration of five years or possibly more in such circumstances would conflict with the Department's objective to expedite the activation of planning permissions and completion of developments that have substantial work already carried out, particularly in respect of the delivery of housing. Any interventions in this area must have a positive effect on development and incentivise developers to activate and complete planning permissions to the greatest extent possible, particularly with regard to housing developments. Accordingly, it is not under consideration at this point to provide for further extensions of duration for planning permissions for developments that have not been commenced or have not been substantially completed within the initial duration of the permission.