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S.I. No. 458/2021 - Planning and Development (Amendment) Act 2021 (Commencement) (No. 2) Order 2021

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th September, 2021.

I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me by section 11 (2) of the Planning and Development (Amendment) Act 2021 (No. 18 of 2021), hereby order as follows:

1. This Order may be cited as the Planning and Development (Amendment) Act 2021 (Commencement) (No. 2) Order 2021.

2. The 9th day of September 2021 is appointed as the day on which section 7 of the Planning and Development (Amendment) Act 2021 (No. 18 of 2021) shall come into operation.

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GIVEN under my Official Seal,

8 September, 2021.

DARRAGH O’BRIEN,

Minister for Housing, Local Government and Heritage.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

This Order brings section 7 of the Planning and Development (Amendment) Act 2021 (No. 18 of 2021) into operation on the 9th day of September 2021. Section 7 of the Planning and Development (Amendment) Act 2021 inserts a new section 42B into the Planning and Development Act 2000 , which in turn provides for a temporary modification of section 42 of that Act having regard to the Covid-19 pandemic by prescribing that during the period from the commencement date of section 7 of the Planning and Development (Amendment) Act 2021 until 31 December 2023, section 42 of the Act shall be read as incorporating a new subsection (1B). Section 42(1B) of the Planning and Development Act 2000 allows for applications for a further extension of a planning permission by an additional period of up to 2 years or until 31 December 2023 whichever first occurs, subject to the planning authority being satisfied with a number of matters set out in section 42(1B). The provision applies to extant permissions due to expire and permissions which expired between 8 January 2021 and 8 September 2021.