Answered on July 9, 2013
Deputy John Deasy asked the Minister for the Environment, Community and Local Government, further to Parliamentary Questions Nos. 360 and 361 of 20 March 2013, when the circular letter referred to in the reply will be issued to planning authorities, in view of the fact that a number of applications are in limbo due to the ambiguity surrounding the five year grant of permission time limit; and the clarification proposed in relation to sections 41 and 42 of the Planning and Development Act, 2000.
Reply from Minister of State, Jan O'Sullivan: Under section 41 of the Planning and Development Act 2000, as amended, the duration of a planning permission (referred to as “the appropriate period”) is the period specified in the permission, or 5 years, whichever is longer. Section 42 provides that an application to extend the duration of the appropriate period must be made prior to the expiration of that period.
The decision of the High Court in the case of Patrick Browne and Kerry County Council referred to in Question No. 361 would appear to mean that all time limits and periods referred to in the Planning and Development Acts 2000 - 2012 are extended by 9 days: the period between 24 December and 1 January, both days inclusive. My Department is preparing a Circular Letter for issue in the coming weeks to planning authorities on this matter, and, in the context of further legislation, will consider whether the provisions of the Act require any clarification.
Deputy John Deasy asked the Minister for the Environment, Community and Local Government, further to Parliamentary Questions Nos. 360 and 361 of 20 March 2013, when the circular letter referred to in the reply will be issued to planning authorities, in view of the fact that a number of applications are in limbo due to the ambiguity surrounding the five year grant of permission time limit; and the clarification proposed in relation to sections 41 and 42 of the Planning and Development Act, 2000.
Reply from Minister of State, Jan O'Sullivan: Under section 41 of the Planning and Development Act 2000, as amended, the duration of a planning permission (referred to as “the appropriate period”) is the period specified in the permission, or 5 years, whichever is longer. Section 42 provides that an application to extend the duration of the appropriate period must be made prior to the expiration of that period.
The decision of the High Court in the case of Patrick Browne and Kerry County Council referred to in Question No. 361 would appear to mean that all time limits and periods referred to in the Planning and Development Acts 2000 - 2012 are extended by 9 days: the period between 24 December and 1 January, both days inclusive. My Department is preparing a Circular Letter for issue in the coming weeks to planning authorities on this matter, and, in the context of further legislation, will consider whether the provisions of the Act require any clarification.
