John Deasy (Waterford, Fine Gael)
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To ask the Minister for Environment, Community and Local Government if he will clarify the length of time a person has to make an application for an extension of duration of a planning permission, with reference to Section 251 (amended) of the Planning and Development Act 2000; and if he will make a statement on the matter. [14202/13]

John Deasy (Waterford, Fine Gael)
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To ask the Minister for Environment, Community and Local Government his plans to introduce legislation to take account of the loophole resulting from the High Court decision, Browne vs. Kerry County Council, effectively extending the duration of a planning permission to five years plus 45 days form the date granted; if his attention has been drawn to the fact that planning authorities are seeking a clear direction from his Department; and if he will make a statement on the matter. [14203/13]

Jan O'Sullivan (Limerick City, Labour)
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I propose to take Questions Nos. 360 and 361 together.

Under section 41 of the Planning and Development Act 2000, as amended, the duration of a planning permission (referred to as “the appropriate period”) is the period specified in the permission, or 5 years, whichever is longer. Section 42 provides that an application to extend the duration of the appropriate period must be made prior to the expiration of that period.

The decision of the High Court in the case of Patrick Browne and Kerry County Council referred to in Question No. 361 would appear to mean that all time limits and periods referred to in the Planning and Development Acts 2000 - 2012 are extended by 9 days: the period between the 24th day of December and the first day of January, both days inclusive. My Department is preparing a Circular Letter to planning authorities on this matter, and, in the context of further legislation, will consider whether the provisions of the Act require any clarification.