merrion street

Eoghan Murphy, TD, Minister for Housing, Planning and Local Government, yesterday (26 July 2017) signed two statutory instruments that bring into operation new planning legislation providing, in specified circumstances, for further extensions of duration of planning permissions for certain developments of 20 houses or more.

The Minister said: “These statutory instruments follow on from the emergency Planning and Development (Amendment) Act 2017 that I brought through the Houses of the Oireachtas earlier this month. The new arrangements deliver on a commitment in Rebuilding Ireland to provide for a limited further extension of duration of planning permissions, as part of a series of measures to make the planning system more responsive to the requirements and complexities around housing delivery.

The net effect of the new measures is to allow additional time - up to the end of 2021 at the latest - to complete housing developments on which substantial work is done during the extended duration of the planning permissions concerned, thus increasing much-needed housing supply.”

Information note

The statutory instruments signed by Minister Murphy on 26 July 2017 are as follows:
· the Planning and Development (Housing) and Residential Tenancies Act 2016 (Commencement of Section 28(2)) Order 2017, and
· the Planning and Development (Amendment) Regulations 2017, which prescribe procedural matters relating to applications for further extensions of duration for qualifying housing developments.
Both instruments come into operation on Wednesday, 9 August 2017.

Under the new legislation, the durations of planning permissions for certain developments of 20 houses that have already been extended under section 42 of the Planning and Development Act 2000 may, on application by the developer to the planning authority concerned, be extended for a further period. The duration of the further extension cannot exceed 5 years or extend beyond 31 December 2021, whichever first occurs.

A further extension of duration of the permission cannot be granted where an environmental impact assessment or an appropriate assessment was required before permission was granted for the development concerned. In addition, the planning authority must be satisfied that—
(a) the development commenced and substantial works were carried out before the expiry of the duration or extended duration of the planning permission,
(b) a further extension of duration is required to enable the development to be completed, and
(c) the application for a further extension is in accordance with the relevant planning Regulations and that any other requirements of those regulations are complied with.

An application for a further extension of the duration of a planning permission for a qualifying housing development that expires on or after 9 August 2017 must be made within the last year of the extended duration of the permission and before that extended duration expires. Thus, developers seeking further extensions of duration of planning permissions for qualifying developments that are due to expire on or soon after 9 August should take preparatory steps to ensure that they can submit their formal applications to the planning authority concerned as soon as the new measures come into force.

In the case where the extended duration of a planning permission for a qualifying housing development expired or will expire between 19 July 2016 (publication date of Rebuilding Ireland) and 8 August 2017 (both dates inclusive), an application for a further extension of the duration of the permission must be made within the six-month period commencing on 9 August 2017. This is a special arrangement to boost housing supply by retrospectively extending certain expired permissions to facilitate completion of developments on which substantial work has been carried out.

A fee of €62.00 is payable to the planning authority in respect of an application to further extend the duration of a planning permission.

Under section 251 of the Planning and Development Act 2000, the period between 24 December and the first day of January, both days inclusive are disregarded in calculating the duration of a planning permission or other time limit referred to in the 2000 Act or in Regulations made under it.

The legislative underpinning for the new arrangements comprises the statutory instruments specified above and section 42(1A) of the Planning and Development Act 2000, as amended by section 28(2) of the Planning and Development (Housing) and Residential Tenancies Act 2016, which in turn was amended by section 1 of the Planning and Development (Amendment) Act 2017.