Written answers

Thursday, 26 May 2011

Department of Environment, Community and Local Government

Planning Issues

11:00 am

Photo of John DeasyJohn Deasy (Waterford, Fine Gael)
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Question 67: To ask the Minister for the Environment, Community and Local Government if he is satisfied that local authority planning officials are not granting time extensions to planning permissions contrary to the intent of SI 406 of 2010; if he will clarify if local authority planning officials can set aside the specified statutory instrument in certain circumstances notwithstanding compliance with the general aims and intentions of the regulation; and if he will make a statement on the matter. [13133/11]

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour)
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Section 42 of the Planning and Development Act 2000 was amended by section 28 of the Planning and Development (Amendment) Act 2010.

While the provision remains whereby an extension of permission is automatically given on application in a case where substantial works have been carried out within the original duration (subject only to the condition that an application complying with the relevant Regulations was made before the expiration of the initial period), a new provision was introduced whereby the duration of a permission may be extended where substantial works have not been done, or where the development has not even commenced, in cases where the planning authority is satisfied that there were considerations of a commercial, economic or technical nature beyond the control of the applicant which substantially militated against either the commencement of development or the carrying out of substantial works, pursuant to the planning permission (again provided that an application complying with the relevant Regulations was made before the expiration of the initial period). This latter provision is, however, subject to the following qualifications -

· that the planning authority is satisfied that there have been no significant changes in the development objectives in the development plan or in regional development objectives in the Regional Planning Guidelines for the area of the planning authority since the date of the permission such that the development would no longer be consistent with the proper planning and sustainable development of the area,

· that the planning authority is satisfied that the development would not be inconsistent with the proper planning and sustainable development of the area, having regard to any guidelines issued by the Minister under section 28, notwithstanding that they were so issued after the date of the grant of permission in relation to which an application is made under this section, and/or

· that the planning authority is satisfied where the development has not commenced, that an environmental impact assessment, or an appropriate assessment, or both of those assessments, if required, was or were carried out before the permission was granted.

Some necessary consequential amendments to the Planning Regulations were made in the Planning and Development Regulations 2010 to take account of these new provisions. Planning authorities are required to implement section 42, as amended, and the relevant Regulations. I am not aware of any instances of their not doing so.

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