John Deasy (Waterford, Fine Gael)
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Question 133: To ask the Minister for the Environment, Community and Local Government if he will make it clear to local authorities that the new amendment section 28 of the Planning and Development (Amendment) Act 2010 allows planning permission to be extended in certain situations, including that of one-off housing, when an environmental impact assessment was not required; and if he will make a statement on the matter. [15975/11]

Willie Penrose (Longford-Westmeath, Labour)
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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 28 of the Planning and Development (Amendment) Act 2010 amended Section 42 of the 2000 Act to provide additional grounds for extension of the duration of planning permission. The amended section 42 provides that planning permission may be extended where substantial works have not been undertaken, or where the development has not commenced, in cases where a 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.

This latter provision is 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 of the Act, 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; 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. This provision applies to all permissions, including those for one-off rural houses.