New Provisions To Further Extend Planning Permission Under Planning and Development (Housing) and Residential Tenancies Act 2016

The Planning and Development (Housing) and Residential Tenancies Act 2016 now provides a further opportunity to extend the life of a permission primarily where development has commenced and the proposed units exceeds 20+ housing units.

The provisions of the Amendment Act came into force 9^th August 2017 as referred under the Department of Housing, Planning, Community and Local Government Circular Letter PL 4/2017.

 

Revisions to the Act: Central Purpose to Allow for Enhanced Housing Supply

The 2016 Act was enacted to give effect to a number of priority legislative measures in Rebuilding Ireland aimed at enhancing housing supply and the functioning of the private rented sector, including Section 28(2), which amended section 42 of the Planning and Development Act 2000 (the 2000 Act) to make time-limited provision for further extensions of duration for housing developments of 20+ houses, subject to certain criteria.

 

The Ability to Apply for a Further Extension where the Permission has Expired

In the case where the extended duration of a planning permission for a qualifying housing development expired 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 the duration of certain expired permissions to facilitate completion of developments on which substantial work has been carried out.

 

The Amendment Act Wording

The main emphasis on allowance of a further extension is now reliant on the ability to present as referred in the amendment of Section 42 of the 2000 Act by section 28(2) of the Planning and Development Act 2016, as follows, that a planning authority:

(IV) is satisfied that the development to which the permission relates was-

(A)          commenced, and

(B)          substantial works were carried out,  before the expiration of the appropriate period or any extension of that period

The Planning Partnership have considerable experience in achieving ‘extensions of durations’ and would be happy to advise on any specific queries that may arise.