Tom Fleming (Kerry South, Independent)
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Question 171: To ask the Minister for the Environment, Community and Local Government his plans to address the situation whereby planning applications for an extension of time are being refused, following on from a previous grant of permission, due to a change in environmental guidelines; if he will amend the 2010 Planning Act to resolve this issue; and if he will make a statement on the matter. [1645/12]

Jan O'Sullivan (Limerick City, Labour)
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Article 24 of the Planning and Development Regulations 2001 (as amended) requires an outline application, in addition to the requirements of article 22(2), to be accompanied only by such plans and particulars as are necessary to enable the planning authority to make a decision in relation to the siting, layout or other proposals for development in respect of which a decision is sought. Article 22(2)(c) requests evidence of site suitability where it is proposed to dispose of wastewater other than into a public sewer.

Where an application for permission is made to a planning authority consequent on the grant of outline permission, the planning authority cannot refuse to grant permission on the basis of any matter which had been decided in the grant of outline permission, provided that the authority is satisfied that the proposed development is within the terms of the outline permission. However, an outline permission does not operate to authorise the carrying out of any development to which the outline permission relates until a subsequent permission has been granted. My Department has written to all Planning Authorities to clarify that, where at outline stage an applicant has carried out a site suitability test which is in compliance with the EPA code of practice, there should be no requirement to carry out a further test at the consequent permission stage.