Dáil Éireann Debate, Thursday - 18 November 2010
151 Deputy Tom Sheahan asked the Minister for the Environment, Heritage and Local Government regarding provisions in the Planning and Development (Amendment) Act 2010 for the extension to existing planning permissions, if he believes this legislation to be retrospective legislation and therefore unlawful; if he believes this section will be challenged in the courts; and if he will make a statement on the matter. [43530/10]
View answerSection 28 of the Planning and Development (Amendment) Act 2010 amends Section 42 of the Planning and Development Act 2000, which had provided that an extension of the duration of planning permission would be given on application where substantial works had been carried out within the original duration of the permission. While this entitlement remains, section 28 of the 2010 Act added a provision allowing for an extension of permission where substantial works have not been completed, or where the development has not commenced, subject to certain conditions.
The new provision does not remove any benefit which any person held before its enactment and I do not consider therefore that it is operating retrospectively or retroactively. However, in any event, it would be a matter for a court to make any such determination, in the event that the issue came before it.
