Written answers

Wednesday, 18 September 2013

Department of Environment, Community and Local Government

Planning Issues

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Independent)
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840. To ask the Minister for Environment, Community and Local Government his plans to amend the law in order that property developers are unable to apply for further planning permission without fully finishing their current developments; and if he will make a statement on the matter. [38438/13]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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Section 35 of the Planning and Development Act 2000, as amended, provides that a planning authority may refuse permission to an applicant where it is satisfied that the applicant is not in compliance with a previous permission, or has carried out a substantial unauthorised development, and it consequently forms the opinion that there is a real and substantial risk that the development the subject of the application would not be completed in accordance with the planning permission, if granted.

In addition, I am aware that a number of planning authorities have introduced a provision in their county development plan for a moratorium on granting planning permission for further larger housing developments until such time as existing unfinished housing developments, or complete or near complete vacant housing in the vicinity of the application, is brought into beneficial use. Such policies are consistent with the recommendations of the Manual on Unfinished Housing Developments published by my Department in 2011.

I have no plans currently to amend the Planning Act in this regard.

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