Pat Casey (Wicklow, Fianna Fail)
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152. To ask the Minister for Housing, Planning, Community and Local Government his views on whether there are significant problems with section 28(2) of the Planning and Development (Housing) and Residential Tenancies Act 2016, which only allows for a second extension for housing developments that commenced on site before their original planning permission expired, in view of the fact most of these would have been before 2012. [23536/17]

Pat Casey (Wicklow, Fianna Fail)
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153. To ask the Minister for Housing, Planning, Community and Local Government the reason he has not commenced section 28 of the Planning and Development (Housing) and Residential Tenancies Act 2016. [23537/17]

Pat Casey (Wicklow, Fianna Fail)
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154. To ask the Minister for Housing, Planning, Community and Local Government the advice which can be given to developers whose planning permission and a section 42 extension have expired and are awaiting section 28(2) commencement to apply for a second extension; if, in the intervening period, all construction work should cease until such time as the Minister decides to commence section 28 and the developer can apply for an extension or if such developers should re-apply for planning permission; and his views on whether this is acceptable. [23538/17]

Pat Casey (Wicklow, Fianna Fail)
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155. To ask the Minister for Housing, Planning, Community and Local Government if section 28(2) of the Planning and Development (Housing) and Residential Act provided for a second extension for a housing development with 20 or more units that had been commenced and had not required an EIA or AA screening in the initial application, rather than just in respect of a development of the type referred to in subsection 42(1)(a)(i) of the principal Act, as amended. [23539/17]

Pat Casey (Wicklow, Fianna Fail)
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156. To ask the Minister for Housing, Planning, Community and Local Government his views on whether a major mistake was made by him and his officials in the drafting of section 28(2) of the Planning and Development (Housing) and Residential Tenancies Act 2016; and his plans to hold anyone to account for this error in view of the costly effect it is having and will have on delaying major housing developments for which planning permission expires. [23540/17]

Pat Casey (Wicklow, Fianna Fail)
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157. To ask the Minister for Housing, Planning, Community and Local Government the specific amendments he plans to make to section 28(2) of the Planning and Development (Housing) and Residential Tenancies Act 2016 in the Planning and Development (Amendment) Bill 2016; and his views on whether the non-enactment of section 28(2) could have very serious consequences in delaying housing developments for which planning permission has expired. [23541/17]

Simon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 152 to 157, inclusive, together.

Section 28(2) of the Planning and Development (Housing) and Residential Tenancies Act 2016 provides for a second extension of the duration of planning permissions relating to developments of 20 or more houses in specified circumstances.  An amendment to the section 28(2) provisions was tabled by me at Dáil Committee Stage of the Planning and Development (Amendment) Bill 2016 which has now been incorporated in the text of the Bill currently being considered at Dail Report Stage. It is intended that the 2016 Bill will be enacted before the Oireachtas Summer recess, at which time I will be able to commence the section 28(2) provisions. 

As well as applying to permissions where the extended duration expires on or after the coming into force of section 28(2), the provisions also apply to qualifying development where the extended duration of the permission expired, or will expire, between 19 July 2016 (the date of publication of the Government's Action Plan for Housing and Homelessness - Rebuilding Ireland) and the day preceding the commencement of section 28(2). 

Section 28(2) was enacted to deal with issues relating to housing developments, where substantial works were carried out before the expiry of the original duration of the permission but where work was not completed during the extended duration of the permission. 

I am open to considering a further time-limited amendment of section 28(2) that could possibly apply to relevant housing developments where the development to which the permission relates was commenced before the expiry of the period sought to be extended, where substantial works were carried out in that period, and where the development will be completed within a reasonable time. If details of developments that could qualify for a second extension of permission duration under an amendment along these lines could be shared with my Department, I will examine the matter further in the context of the Planning and Development (Amendment) Bill 2016 currently being progressed through the Houses of the Oireachtas.