Clare Daly (Dublin North, Socialist Party)
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161. To ask the Minister for Environment, Community and Local Government his views on whether the Environmental Protection Agency code of practice 2009 in respect of site assessment and wastewater treatment, can be used to deny an extension of planning permission beyond five years where the development has been delayed because of financial constraint as provided for in section 42 of the Planning and Development Act, as a consequence of the original application only complying with guidelines that existed at the time of the grant but submitting additional information to comply with the new guidelines is being interpreted by some local authorities as breaching section 42 which does not allow the consideration of information that was not supplied at the time of the granting of permission. [10066/14]

Jan O'Sullivan (Limerick City, Labour)
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Section 28 of the Planning and Development (Amendment) Act 2010 amended Section 42 of the Planning and Development Act 2000 to provide that the duration of a planning 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 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.