Noel Coonan (Tipperary North, Fine Gael)
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Question 406: To ask the Minister for the Environment, Heritage and Local Government his plans to extend the life span of planning permission to longer than five years; and if he will make a statement on the matter. [26149/09]

John Gormley (Dublin South East, Green Party)
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Section 42 of the Planning and Development Act 2000 provides that, on application, the duration of a planning permission (normally 5 years) shall be extended, subject to certain requirements being complied with, including that substantial works have been carried out before the expiration of the original permission.

Section 23 of the Planning and Development (Amendment) Bill 2009, which was published on 3 June, proposes to amend this provision by providing for the extension of planning permission where substantial works have not been carried out, but where there were commercial, economic or technical considerations, beyond the control of the applicant, which substantially mitigated against either the commencement of development or the carrying out of substantial works.

Noel Coonan (Tipperary North, Fine Gael)
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Question 407: To ask the Minister for the Environment, Heritage and Local Government the legal obligation of a council to set an adequate bond in respect of a developer to be able to ensure the completion of an estate; the option open to the council when an estate remains unfinished and the bond is inadequate; and if he will make a statement on the matter. [26150/09]

John Gormley (Dublin South East, Green Party)
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Planning authorities are empowered under section 34 of the Planning and Development Act 2000 to attach conditions to a planning permission requiring the giving of adequate security for the satisfactory completion of the proposed development.

There is no legal obligation on a planning authority to attach such conditions to a planning permission. However, as stated in the reply to Questions 60 and 63 of 11 June 2009, my Department has consistently advised planning authorities that it is essential that planning permissions for residential development are subject to a condition under which an acceptable security is provided by way of bond, cash deposit or otherwise so as to secure satisfactory completion. The amount of the security, and the terms on which it is required to be given, should enable a planning authority, without cost to itself, to complete the necessary services in a residential estate (including roads, footpaths, water mains, sewers, lighting and open space) to a satisfactory standard in the event of default by the developer.

My Department's advice in relation to bonds was most recently stated in the June 2007 Development Management Guidelines for Planning Authorities and in the February 2008 policy guidance in relation to the Taking in Charge of Estates. This guidance emphasised the desirability of imposing planning conditions in relation to phasing of larger residential developments to the effect that a developer must complete the provision of roads, public lighting, open spaces, etc. which are necessary for, or ancillary to, the completed residential units in a particular phase, before commencing the next phase of an overall development.

If a residential estate has not been finished properly in accordance with the conditions attached to the relevant planning permission, a planning authority should in the first instance take enforcement action under the Planning Acts aimed at compelling the developer to execute the required completion works. If enforcement action is unsuccessful in compelling the completion of the development, a planning authority should then call in the relevant security and have the works completed.

In the event that security is inadequate to finish the services to the required standard, and the residents request that the estate be taken in charge, the planning authority should, in accordance with policy guidance issued by my Department, complete the outstanding works as and when resources, and priorities in relation to other estates awaiting taking in charge, permit.