Dáil Éireann Debate, Tuesday - 15 January 2019
1155. Deputy Róisín Shortall asked the Minister for Housing, Planning and Local Government the progress on legislation to put in place statutory timeframes for planning compliance decisions for residential development permission conditions; and if he will make a statement on the matter. [1124/19]
Amharc ar fhreagraSection 34(5) of the Planning and Development Act 2000, as amended, currently provides that subsequent to the granting of planning permission, planning authorities may reach agreement on supplementary points of detail relating to a development (such as the colour of roof tile to be used) - also known as compliance conditions - with persons undertaking development.
Section 23(4) of the Planning and Development (Amendment) Act 2018, which is not yet commenced, amended this section to include a range of statutory timelines. When this Section is commenced, planning authorities will be obliged to reach agreement on the points within eight weeks of proposals being submitted by the relevant person (or such longer period as may be agreed between the two parties) and if agreement cannot be reached, advise the person accordingly, who may then refer the matter to An Bord Pleanála for a determination within four weeks. Alternatively, the planning authority may refer the matter direct to An Bord Pleanála for its determination on the matter.
Where agreement cannot be reached within eight weeks or such longer period as may be agreed, and where the planning authority has not advised the person accordingly or referred the matter to the Board for a determination, the points of detail submitted shall, by default, be deemed to have been agreed.
The intention behind these new provisions is to enable developers to proceed with the necessary works relating to supplementary points of detail in reasonable time and without undue delay, thereby providing greater certainty in relation to the progression of development works subsequent to the granting of planning permission.
As this new provision is a significant change from existing procedures and practices, and presents potential resource implications for local authorities, my Department is liaising with the local authority sector to ensure that appropriate procedures and resources are put in place to allow for the earliest possible commencement of section 23(4) of the 2018 Act. It is my intention to commence this new provision once these matters have been finalised and agreed.
