Dáil Éireann Debate, Wednesday - 22 May 2013
178. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Community and Local Government if he will outline the options for persons who have near expiry planning permission in County Monaghan and who seek an extension in view of the economic climate; if he has considered an interim measure to facilitate these persons; and if he will make a statement on the matter. [24539/13]
View answerSection 42 of the Planning and Development Act 2000, as amended by section 28 of the Planning and Development (Amendment) Act 2010, provides that the duration of a planning permission may be extended where substantial works have not been done, or where the development has not even commenced, in cases where the planning authority is satisfied that there 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 (again provided that an application complying with the relevant Regulations was made before the expiration of the initial period). This latter provision is, however, subject to the following qualifications:
- that the planning authority is satisfied that there have been no significant changes in the development objectives in the development plan or in regional development objectives in the Regional Planning Guidelines for the area of the planning authority since the date of the permission such that the development would no longer be consistent with the proper planning and sustainable development of the area;
- that the planning authority is satisfied that the development would not be inconsistent with the proper planning and sustainable development of the area, having regard to any guidelines issued by the Minister under section 28, notwithstanding that they were so issued after the date of the grant of permission in relation to which an application is made under this section; and/or
- that the planning authority is satisfied where the development has not commenced, that an environmental impact assessment, or an appropriate assessment, or both of those assessments, if required, was or were carried out before the permission was granted.
