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S.I. No. 341/2017 - Planning and Development (Housing) and Residential Tenancies Act 2016 (Commencement of Section 28(2)) Order 2017.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th July, 2017.

I, EOGHAN MURPHY, Minister for Housing, Planning, Community and Local Government, in exercise of the powers conferred on me by section 1 (3) of the Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17 of 2016), hereby order as follows:

1. This Order may be cited as the Planning and Development (Housing) and Residential Tenancies Act 2016 (Commencement of Section 28(2)) Order 2017.

2. The 9th day of August 2017 is appointed as the day on which subsection (2) (as amended by section 1 of the Planning and Development (Amendment) Act 2017 (No. 20 of 2017)) of section 28 of the Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17 of 2016) comes into operation.

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GIVEN under my Official Seal,

26 July 2017.

EOGHAN MURPHY,

Minister for Housing, Planning, Community and Local Government.

EXPLANATORY NOTE

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

This Order brings section 28 (2) of the Planning and Development (Housing) and Residential Tenancies Act 2016 (as amended by section 1 of the Planning and Development (Amendment) Act 2017 ) into operation on the 9th day of August 2017. Section 28(2) of the 2016 Act amends section 42 of the Planning and Development Act 2000 to have the effect, until 31 December 2021, of providing, on application to a planning authority, for a further extension of the duration of planning permission for certain developments of 20 houses or more, where substantial works have been carried out before the expiration of the original or extended duration of the permission and in respect of which an environmental impact assessment or an appropriate assessment, or both of these assessments, were not required before permission was granted for the development. The additional period of the duration of a permission under section 28(2) cannot exceed 5 years or extend beyond 31 December 2021, whichever first occurs.

Previous commencement orders under the 2016 Act are S.I. Nos. 7, 31 and 270 of 2017.