The 2010 Planning and Development Amendment Act made revisions to the criteria under which an extension of duration of an existing planning application can be achieved. Under the provisions of the 2000 Planning and Development Act, an extension of the effective duration could only be permitted where substantial works pursuant to the application had been carried out. While an extension of the effective duration can still be granted in the event of substantial works being carried out, the 2010 Planning and Development (Amendment) Act includes an additional category within the assessment criteria. This allows the planning authority to grant an extension of duration where they are satisfied “that there were considerations of a commercial, economic or technical nature beyond the control of the applicant which substantially mitigated against either the commencement of development or the carrying out of substantial works pursuant to a development”. This allows a planning authority to grant an extension of duration even if substantial works were not in place.
In order for a Planning Authority to grant permission for an extension of duration it must satisfy itself that the following four criteria are met:
That there where considerations of a commercial, economic or technical nature beyond the control of the applicant which substantially militated against either the carrying out of substantial works pursuant to the planning permission. Guidance issued from the DoEHLG (circular letter PPL1/2010 - 20th August 2010) has clarified that “In relation to considerations of a commercial or economic nature, whether these are advanced in relation to large developments or smaller developments (including single houses) it is not considered necessary for planning authority to seek evidence as to the personal financial or commercial situation of the applicant. The planning authority may base its decision on matters such as relevant national and local conditions affecting the property and development market or availability of credit, having regard to e.g. Data published by official agencies or independent research bodies such as the ESRI relating to economic growth, employment rates, availability of credit etc. at national level, and/or Local property market data, such as the existence of a high level of vacant or unsold property comparable to the type of development for which the permission was granted”
That there have been no significant changes in the development objectives in the development plan or in regional development objectives in the regional planning guidelines for the area of the planning authority since the date of the permission such that the development would no longer be consistent with the proper planning and sustainable development of the area. Within the last 10 months all of the Regional Authorities have reviewed their Planning Guidelines, and while Development Plans have an effective period of 6 years, under separate provisions of the Planning and Development Act 2010 every Development Plan will have to include a Core Strategy. This will result in the vast majority of Development Plans having to be reviewed/varied to include a Core Strategy prior to October 2011. In the interests of securing an extension of duration it is therefore critical for any applications to demonstrate compliance with the Regional Planning and Development Plan objectives. Applicants must therefore be aware of any changes to the planning policy context set out in the relevant Development Plan and Regional Planning Guidelines for their sites.
That the development would not be inconsistent with the proper planning and sustainable development of the area having regard to any guidelines issued by the Minister under section 28, notwithstanding that these were issued after the date of the grant of permission in relation to which an application is made under this section. Over the last six years there have been several Ministerial guidelines issued on various issues (including floodrisk, rural housing and urban design). Any application for an extension of the effective period of an application must demonstrate that the permitted development is compliant with the relevant guidelines even though the guidelines may have been issued subsequent to the permission being initially granted.
Where the development has not commenced that an Environmental Impact Assessment (EIA) or an appropriate assessment or both of these assessments, if required, was or were carried out before the permission was granted. The Planning and Development Act 2010 specifically focuses on the environmental concerns that may be associated with any extension of duration application. The EIA thresholds and requirements have been clearly set out in the Planning and Development Act 2000, however, the need for and scope of Appropriate Assessment must be reviewed on a project specific basis in the context of potential impacts on Natura 2000 sites which include Special Areas of Conservation (SAC’s) and Special Protection Areas (SPA’s). This issue must be fully addressed in any extension of duration application and it is therefore critical for prospective applicants to be aware of their legislative requirements in relation both Appropriate Assessment and Environmental Impact Assessment in lodging any application for an Extension of Duration under the 2010 Amendment Act.
In assessing applications for an Extension of Duration a Planning Authority can seek further information but, when requested, an applicant has to respond within a period of 4 weeks. Should a further information request in relation to an Extension of Duration application not be responded to within the 4 week deadline the legislation requires the planning authority to refuse permission. It is therefore imperative that all critical issues are identified and addressed in the initial application. McCarthy Keville O’Sullivan Ltd., as both planning and environmental consultants are ideally placed to answer/address/advise on all issues in relation to the new extension of duration provisions of the Planning and Development Act 2010.
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