Planning Issues

Dáil Éireann Debate, Wednesday - 14 January 2015

Wednesday, 14 January 2015

Questions (934)

Brendan Griffin

Question:

934. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government the process involved for the extension of planning permission for wind farms and wind turbines; if a public notice or site notice needs to be erected; his plans to review the process; and if he will make a statement on the matter. [1747/15]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

Sections 40 and 41 of the Planning and Development Act 2000 provide that the “appropriate period”, or duration, of a planning permission shall normally be 5 years, but may be longer than 5 years where the planning authority, or An Bord Pleanála as the case may be, considers that this is appropriate having regard to the nature and extent of the relevant development and any other material consideration.

Section 42 of the Act provides for the extension, on application and subject to conditions, of the “appropriate period” or duration of a planning permission in cases where

- the development has been substantially completed within the appropriate period and is expected to be completed within a reasonable time, or

- 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 within the appropriate period.

As an extension of the duration of an existing planning permission under section 42 of the Act is not a development consent, but rather an administrative decision to extend the duration of an existing development consent, public consultation is not required or provided for in this process. Therefore, the erection of a site notice is not required in this type of instance.

While the provisions of the Planning and Development Act 2000, as amended, and the associated Regulations, in relation to the development management system are generally kept under review in my Department, I have no plans to amend the provisions relating to the extension of duration of planning permissions.