Patrick O'Donovan (Limerick, Fine Gael)
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104. To ask the Minister for Environment, Community and Local Government if he will consider reviewing section 42 of the Planning and Development Act and Article 45 of the Planning and Development Regulations 2000-2013 with a view to making amendments to allow planning authorities to request further information to be sought on substantive planning issues and to allow conditions to be imposed on the extended permission to address planning inadequacies in the original permission, so as to facilitate a situation where grants of permission can be extended, particularly in circumstances where financial difficulties prevent a person from availing of the permission; and if he will make a statement on the matter. [51263/13]

Jan O'Sullivan (Limerick City, Labour)
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Under section 42 of the Planning and Development Act 2000 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). In 2010, section 42 was amended and 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 original 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.

Any changes to the current legislation will be further considered in the context of the next Planning Bill review, which I expect to undertake in 2014.