Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

The duration of a planning permission is generally set at five years, but the planning authority may grant shorter or longer durations with a maximum duration of ten years available for residential development, for example. Section 42 of the Planning and Development Act enables a planning authority to extend the initial duration of a planning permission, providing certain conditions are met.

A package of measures was introduced in September 2021 to amend section 42 and related provisions in the Planning and Development Act regulations. This included, among other things, a new temporary provision in section 42(1B) which was introduced in response to construction delays as a result of the Covid-19 pandemic, to provide for a further extension of duration for planning permission by an additional period of up to 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. This provision deleted section 42(1)(a)(ii) of the Planning and Development Act. This removes the possibility of an extension of duration for uncommenced development or development where substantial work has 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 of a planning permission if an environmental impact assessment or appropriate assessment is 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 the environmental impact assessment and appropriate assessment are not required for the proposed extension.

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 which have already availed of an extension in duration by up to an additional two years or until 31 December 2023, whichever occurs first. This will facilitate the completion of developments already commenced and with substantial works carried out, which were delayed or interrupted due to the impacts of Covid-19 on construction activity. This further extension period takes into account the restrictions on construction and disruptions in logistics, supply chains, etc., as a result of the Covid-19 pandemic.

While there may be legitimate reasons that a holder of a planning permission may not have commenced or carried out substantial works under that planning permission, to allow for an extension or further extension of duration 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 the completion of developments that have substantial work already carried out, particularly with respect to delivery of housing.

Any interventions in this area must have a positive effect on development and must incentivise holders of a planning permission to activate and complete planning permissions to the greatest extent possible, as soon as possible, particularly with respect to housing developments. Accordingly, it is not considered appropriate to provide for extensions of duration of planning permissions for developments that have not been commenced or have not been substantially completed within the initial duration of their planning permission.

The Department is mindful that construction costs have risen considerably over recent years, as the Senator has pointed out. Extensive mitigation measures have been implemented in collaboration with other Departments and agencies to address the increasing cost by, inter alia, increasing efficiency and innovation, including the advancement of modern methods of construction, MMC; a national demonstration park; a construction technology centre; the Built to Innovate campaign; and the progression of a residential construction cost study. I hope this response is of some use in answering the question the Senator put to me.