Brendan Griffin (Kerry South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

315. To ask the Minister for Environment, Community and Local Government if he will amend legislation to allow persons to extend planning permissions for a second term; and if he will make a statement on the matter. [29466/15]

Paudie Coffey (Waterford, Fine Gael)
Link to this: Individually | In context | Oireachtas source

In accordance with section 40(3) of the Planning and Development Act 2000, the duration of a planning permission is 5 years, but under section 41 of the Act a longer duration may be agreed where the planning authority consider this appropriate, having regard to the nature and extent of the relevant development and any other material consideration.

Under section 42 of the Act a planning authority can, on application, extend the duration of the original permission for an additional period, not exceeding 5 years, to enable the development to which the permission relates to be completed, provided that certain requirements are complied with. These are:

- that substantial works were carried out during the duration of the original permission, or

- where substantial works were not carried out, or the development was not commenced,

- there were considerations of a commercial, economic or technical nature beyond the control of the applicant which substantially militated against either the commencement of the development or the carrying out of substantial works in accordance with the grant of permission;

- the development is still consistent with the development objectives of the county or city development plan, or regional planning guidelines, or other relevant planning guidelines issued by the Minister after the date of the original grant of permission; and

- where the development has not commenced, that an environmental impact assessment, or appropriate assessment (in accordance with the EU Habitats Directive), or both if required, was or were carried out before the permission was granted.

I consider these provisions regarding the extension of duration of permissions to be appropriate and adequate and I have currently no plans to amend these provisions.