Section 28 of the Planning and Development (Amendment) Act 2010 already provides that the duration of a planning permission may be extended where substantial works have not been carried out, 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.
This provision is, however, subject to the submission of an application for extension of duration of permission prior to the expiration of the original permission, and the planning authority being satisfied that –
(i) there have been no significant changes in the development objectives in the development plan or in regional development objectives in the relevant regional planning guidelines 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,
(ii) the development would not be inconsistent with the proper planning and sustainable development of the area, having regard to any planning guidelines issued by the Minister under section 28 of the Act after the date of the grant of the original permission , and
(iii) the development has not commenced and that an environmental impact assessment, or an appropriate assessment , or both of those assessments, if required, were carried out before the original permission was granted.
Where the development which has been granted permission is now deemed to be inconsistent with the proper planning and sustainable development of the area, having regard to any subsequent updating of the local development plan and the issue of any ministerial guidelines, it is of course open to the person concerned to re-apply for permission with a plan or design that complies with current guidelines or the current development plan.
