Written answers

Tuesday, 8 April 2025

Department of Housing, Planning, and Local Government

Departmental Strategies

Photo of Barry HeneghanBarry Heneghan (Dublin Bay North, Independent)
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653. To ask the Minister for Housing, Planning, and Local Government the measures he will take to deal with the expiration of planning permissions in the next five years; the actions that should implemented to urgently activate the planning permissions that are at risk; and if he will make a statement on the matter. [17647/25]

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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The status of individual developments which have been granted planning permission is a matter for the permission holder. While obtaining planning permission is an essential step in any project, there are other factors at play that may impact on the commencement of any project, such as phasing of development (having to complete an existing project before commencing another), finances, economic factors etc.

Under section 40 of the Planning and Development Act 2000 (Act of 2000), the default duration of a permission granted under section 41 of that Act is for a period is for five years but this may be varied by a planning authority to a minimum of 2 years or in the case of residential development of not more than 10 years. Section 42 enables the holder of a planning permission to apply to a planning authority for an extension to the period of permission by an additional period not exceeding 5 years.

Chapter 5 of Part 4 of the Planning and Development Act 2024 (Act of 2024) deals with Alteration, Extension and Revocation of Permission, but is not yet commenced. Once commenced, sections 140 and 141 of the Act of 2024 provide planning authorities the power to extend planning permissions and may extend such permissions subject to certain limitations including that only one application for an extension of duration can be made and that the period of the extension must be in line with the length of the original permission. It also provides that the extension shall be no longer than the deciding authority considers necessary to enable the development to be completed.

However, for a 3-year period that commenced on the enactment of the Act of 2024 in October 2024, a transitional provision at section 140(14) will allow sections 42 & 43 of the Act of 2000 to continue to apply, notwithstanding the repeal of section 42, with respect to a permission granted under the Act of 2000 or a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016. This is to give certainty and clarity to holders of planning permissions with regard to how applications for extension of durations will be dealt with during the transition of the planning system from the Act of 2000 to the Act of 2024.

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