“Section 42(1B) of the Planning and Development Act 2000 provides for the further extension of the appropriate period 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 of a number of matters set out in section 42(1B). These matters include that the relevant planning authority shall be satisfied that:
- the development has commenced;
- substantial works have been carried out; and
- Environmental Impact Assessment (EIA) and appropriate assessment (AA) are not required for the proposed extension.
The provision applies to extant permissions due to expire as well as to permissions which expired between 8 January 2021 and 8 September 2021. For the avoidance of doubt, this provision is for the benefit of developments that have already availed of an extension of duration under section 42, and any further extension under section 42(1A).
In line with this, the Planning and Development (Amendment) (No. 3) Regulations 2021 amends Chapter 3 of the Planning and Development Regulations 2001 to set out details of the application procedures for further extensions under section 42(1B).
These procedures include the requirement that such applications for extension of duration of permission, which have not expired, shall be made within a year before expiry and the need to include the following additional detail in an application for further extension:
- the additional period being requested;
- when the development will be completed;
- the expiry date of the permission;
- particulars of substantial works carried out or to be carried out before expiry; and
- a statement setting out reasons why the development cannot be reasonably completed within the duration.
Please note that there is no possibility of an extension of duration for un-commenced development or development where substantial works have not been carried out”