Written answers

Wednesday, 14 October 2020

Department of Housing, Planning, and Local Government

Planning Issues

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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134. To ask the Minister for Housing, Planning, and Local Government his plans to alter the duration of planning permissions in view of the Covid-19 pandemic in 2020 and the effect it has had on the building industry; and if he will make a statement on the matter. [30829/20]

Photo of Joe CareyJoe Carey (Clare, Fine Gael)
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135. To ask the Minister for Housing, Planning, and Local Government if the duration of all planning permissions, including cases in which the applicant has already benefited from an extension of time will be extended in view of the delays caused to construction projects by the Covid-19 pandemic; if this extension will be for a duration of at least 12 months; and if he will make a statement on the matter. [30410/20]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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I propose to take Questions Nos. 134 and 135 together.

In light of the impacts of the Covid-19 emergency, the Government, on 29 March 2020, made an Order under section 251A of the Planning and Development Act 2000, as amended (the Act), which resulted in the extension of time for a range of specified or appropriate periods and timelines in the Planning Acts and associated planning regulations. Further orders were signed on 16 April 2020 and 9 May 2020, the last of which expired on 23 May 2020. The three Orders had the combined effect of extending the relevant planning periods and timelines, including the duration of planning permissions, by an aggregate of 56 days/8 weeks during the time period in which they have effect. Accordingly, on foot of these Orders, the validity of a planning permission has now been extended by a further 8 weeks.

Under section 42 of the Act, the holder of planning permission may apply to the planning authority for an extension to the period of permission, prior to the expiration of that permission. On application, the authority shall extend the appropriate period by such additional period not exceeding 5 years as the authority considers requisite to enable the development to which the permission relates to be completed, provided that, the development was commenced before the expiration of the permission, substantial works were carried out and the development will be completed within a reasonable time.

Provision is also made under section 42 to enable planning authorities to grant an extension to permission for instances 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.

If an extension to planning permission has been previously granted, the only circumstance in which the holder of a planning permission may be granted a second extension of duration is in respect of a development that relates to 20 or more houses subject to the development being completed within 5 years of the originally extended permission or by 31 December 2021, whichever first occurs.

On 15 September 2020, the Government published its latest response to managing Covid-19 - Resilience and Recovery 2020-2021: Plan for living with Covid-19. While I do not envisage any further actions will be required for the planning system in the context of this framework at this time, I continue to keep this matter under review.

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