Jim O'Keeffe (Cork South West, Fine Gael)
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Question 37: To ask the Minister for the Environment, Heritage and Local Government if he will introduce legislation to amend the Planning Acts to provide for a three year extension on the five year time limit applicable to all current planning permissions to take into account the major economic, financial, banking and other factors which have resulted in the collapse of building activity; and if he will make a statement on the matter. [2298/10]

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 five 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 passed by Seanad Éireann on 1 December 2009 and is currently on Second Stage in Dáil Éireann, 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.

The National Asset Management Agency Act 2009 contains a provision similar to section 23 above in respect of applications from the National Asset Management Agency for extension of the duration of planning permission.