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Seanad Éireann debate -
Thursday, 19 Feb 2009

Vol. 193 No. 17

Planning Issues.

I hope the Minister will look with favour on my proposal regarding planning approvals which were granted in 2004 to people, particularly young couples and members of the indigenous community, for one-off houses. Those planning approvals are due to expire this year. The applicants are finding it extremely difficult in the current climate to obtain a mortgage or financing to build the house for which they have planning approval.

I ask the Minister and the Department to examine the possibility of permitting local authorities to grant a three-year extension to these approvals. The reason I seek a three-year extension is that, in light of the current economic situation, three years might give people the opportunity to obtain the finances required to build their houses. I do not call for developers to be given a three-year extension but that it should be given to individuals who sought and received planning permission for one-off houses.

Consider the cost of reapplying for planning permission. I met a couple last weekend who told me that it cost them €2,500 to reapply for permission this year for the house for which they were approved in 2004. That is a huge cost. It might provide finance for architects and keep them employed, but it is a burden for young, local couples. In many cases the planning permission is expiring and these couples are not reapplying, with the result that they are on the local authority housing list. It would be a progressive step if we granted to those young couples in particular who have applied for permission a three-year extension. It would allow them to continue to save to build up their resources in the hope that they would build a house in the next three years. Otherwise we are burdening the local authority in terms of housing lists. That is a burden we cannot afford given that many people are going on to local authority housing lists throughout the country.

I am not sure of the legalities of this issue or whether legislation would be required, and I am not sure whether the Department would consider it. I am requesting it today because many people, including county councillors, have raised this issue with me. While I do not expect a conclusive response today, I hope the Department will at least consider the proposal.

I thank Senator Brian Ó Domhnaill for bringing this matter to my attention.

Under section 40 of the Planning and Development Act 2000, the duration of a planning permission should normally be a period of five years from the grant of permission. However, under section 41 of the Act, a planning authority or, as the case may be, An Bord Pleanála, may, having regard to the nature and extent of the relevant development and any other material consideration, specify a period in excess of five years during which a permission is to have effect. It is, however, the responsibility of an applicant in the first instance to request such a longer duration in appropriate circumstances.

Under section 42 of the 2000 Act, the holder of a planning permission may apply to the relevant planning authority for an extension of the period originally specified. Subject to compliance with certain requirements, including that substantial works were carried out pursuant to the permission during the period originally specified, a planning authority may extend the duration of the permission by such additional period as it considers necessary to enable the relevant development to be completed.

This additional period may be further extended where, upon application, the planning authority is satisfied that the development has not been completed due to circumstances beyond the control of the applicant.

It is apparent therefore that reasonable provisions were made in the 2000 Act to allow flexibility within the planning system to accommodate the specific circumstances of individual developments.

However, in the current economic situation, it is evident that cases may arise where, due to external circumstances beyond the reasonable control of a developer, it may not be possible to commence a development within the period originally specified in a planning permission or, indeed, to carry out substantial works under a permission.

In addition to the latitude currently available, therefore, the Minister for the Environment, Heritage and Local Government is disposed, in the context of the drafting of the planning and development amendment Bill, to enable planning authorities, on application, further to extend the period of a planning permission where particular considerations beyond the control of the planning applicant would warrant it.

The Minister considers that such further flexibility, which may be exercised by planning authorities on a case-by-case basis, would be a more appropriate response to current circumstances than provision for a blanket extension of all existing planning permissions. He does not consider that a fee of the level imposed in respect of an application for an extension of the duration of a planning permission — currently €62 — is a significant impediment or cost.

I understand that it is the intention to publish the planning and development amendment Bill soon and this provision will be included. I am glad to be of assistance to the Senator today. We have already contemplated what he has proposed and we hope to be in a position to accommodate it in the Bill that will be published shortly.

I thank the Minister of State, Deputy Finneran, for that favourable response and acknowledge his input in ensuring that young people across the country are given the opportunity of the extension they require. I appreciate fully that it is a matter for local authorities more than the Department but if local authorities are given the flexibility considered by the Minister, it will be a significant step forward.

The Seanad adjourned at 1.05 p.m. until 2.30 p.m. on Tuesday, 24 February 2009.
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