Planning and Development (Amendment) Act 2021
Modification to operation of section 42 of Act of 2000 having regard to Covid-19 | ||
7. The Act of 2000 is amended by the insertion of the following section after section 42: | ||
“42B. During the period beginning on the date on which section 7 of the Planning and Development (Amendment) Act 2021 comes into operation and ending on 31 December 2023, section 42 shall be construed and have effect— | ||
(a) as if the following subsection were inserted after subsection (1A): | ||
‘(1B) Notwithstanding anything to the contrary in subsection (1), (1A) or (4) a planning authority shall— | ||
(a) as regards a particular permission in respect of a development, and | ||
(b) upon application being duly made to the authority setting out the reasons why the development cannot be reasonably completed within the appropriate period, | ||
further extend the appropriate period, as extended or further extended, by such additional period not exceeding 2 years or until 31 December 2023, whichever first occurs, but the authority shall only so extend that period where the authority— | ||
(i) is satisfied that an environmental impact assessment or an appropriate assessment would not be required in relation to the proposed extension of the appropriate period, | ||
(ii) considers that the extension is required to enable the development to which the permission relates to be completed, | ||
(iii) is satisfied that the application is in accordance with such regulations under the Planning and Development Acts 2000 to 2021 as apply to the application, | ||
(iv) is satisfied that any requirements of, or made under, those regulations are complied with as regards the application, | ||
(v) is satisfied that the development to which the permission relates was— | ||
(I) commenced, and | ||
(II) substantial works were carried out, | ||
before the expiration of the appropriate period, as extended or further extended, and | ||
(vi) is satisfied that in the case of a permission— | ||
(I) where the expiry of the appropriate period as extended or further extended occurred or occurs during the period beginning on 8 January 2021 and ending on the day before the date on which section 7 of the Planning and Development (Amendment) Act 2021 comes into operation, the application is duly made within 6 months of the date on which the said section 7 comes into operation, or | ||
(II) where the appropriate period, as extended or further extended, expires on or after the date on which section 7 of the Planning and Development (Amendment) Act 2021 comes into operation, the application is duly made within the period prescribed for the purposes of section 43(2).’, | ||
(b) as if in subsection (2)— | ||
(i) during the period beginning on the date on which section 7 of the Planning and Development (Amendment) Act 2021 comes into operation and ending on the date on which the amendments to section 42 effected by section 28 (2) of the Planning and Development (Housing) and Residential Tenancies Act 2016 cease to have effect, there were substituted ‘subsection (1), (1A) or (1B)’ for ‘subsection (1) or (1A)’, and | ||
(ii) during the period beginning on the date that is the day after the date on which the amendments to section 42 effected by section 28(2) of the Planning and Development (Housing) and Residential Tenancies Act 2016 cease to have effect, there were substituted ‘subsection (1) or (1B)’ for ‘subsection (1)’, | ||
and | ||
(c) as if in subsection (4)— | ||
(i) during the period beginning on the date on which section 7 of the Planning and Development (Amendment) Act 2021 comes into operation and ending on the date on which the amendments to section 42 effected by section 28 (2) of the Planning and Development (Housing) and Residential Tenancies Act 2016 cease to have effect, there were substituted ‘Except where subsection (1A) or (1B) applies, a decision’ for ‘Except where subsection (1A) applies, a decision’, and | ||
(ii) during the period beginning on the date that is the day after the date on which the amendments to section 42 effected by section 28 (2) of the Planning and Development (Housing) and Residential Tenancies Act 2016 cease to have effect, there were substituted ‘Except where subsection (1B) applies, a decision’ for ‘A decision’.”. |