Permission Duration
Duration
A planning permission generally has a life of five years. Conditions may be imposed, providing a different longer or shorter duration.
Retention permission is not limited to five years. Permissions are also permitted for a limited period or for temporary planning permission.
Once planning permission expires, it is no longer effective. The rights to undertake development permitted by it are discontinued, and a new application must be made.
The life of a planning permission may be extended under certain conditions. One extension only is permitted. The application must generally be made in the last year of the permission.
The planning authority must be satisfied that the development commenced before the expiration, substantial works were completed, and the development will be completed within a reasonable time. No public participation or appeal is involved in a decision to extend the life of planning permission in this way.
Planning permissions can be revoked in limited circumstances. The planning authority may only do so if the development no longer conforms with the development plan. A notice must be served on the persons affected by the revocation and modification. They must be invited to make observations.
The planning authority must have regard to the submissions or observations in making its decision. After the notice is served, a decision is made in light of the observations. There is a right of appeal to Bord Pleanála. There will generally be a requirement for compensation if the revocation of permission causes loss.
Extension of Duration I
Arising from the financial crisis and the “ghost estate” phenomenon, there is provision for the extension of permission (for a period of up to 5 years) in circumstances where substantial works have not been carried out but there where commercial, economic or technical considerations, beyond the control of the applicant, which substantially mitigated against either the commencement of development or the carrying out of substantial works.
On application to it on that behalf, a planning authority shall, as regards a particular permission, extend the appropriate period by such additional period not exceeding five years as the authority considers requisite to enable the development to which the permission relates to be completed, provided that each of the following requirements is complied with:
either the authority is satisfied that
- the development to which the permission relates was commenced before the expiration of the appropriate period sought to be extended,
- substantial works were carried out pursuant to the permission during that period, and
- the development will be completed within a reasonable time,
or the authority is satisfied—
- that there were considerations of a commercial, economic or technical nature beyond the control of the applicant which substantially militated against either the commencement of development or the carrying out of substantial works pursuant to the planning permission,
- 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,
- 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 they were so issued after the date of the grant of permission in relation to which an application is made under the provision, and
- where the development has not commenced, that an environmental impact assessment, an appropriate assessment, or both of those assessments, if required, was or were carried out before the permission was granted.
In extending the appropriate period, a planning authority may attach conditions requiring the giving of adequate security for the satisfactory completion of the proposed development and/or may add to or vary any conditions to which the permission is already subject.
Extension of Duration II
A planning authority shall—
- as regards a particular permission in respect of a development that relates to 20 or more houses and in respect of which an environmental impact assessment or an appropriate assessment, or both of those assessments, were not required before the permission was granted, and
- 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 by such additional period not exceeding five years, or until 31 December 2021, whichever first occurs.
The authority shall only so extend that period where the authority
- considers it is required to enable the development to which the permission relates to be completed,
- is satisfied that the application is in accordance with such regulations under the Planning and Development Acts applicable to the application,
- is satisfied that any requirements of, or made under those regulations are complied with as regards the application,
- is satisfied that the development to which the permission relates was commenced, and substantial works were carried out before the expiration of the appropriate period or any extension of that period, and
- is satisfied that in the case of permission where the expiry of the appropriate period as extended occurred or occurs during the period from 19 July 2016 to the day preceding the day when the Planning and Development (Housing) and Residential Tenancies Act 2016 comes into operation, the application is duly made within six months of the said commencement date, or
- where the appropriate period as extended expires on or after the date of commencement of the 2016 Act, the application is duly made within the period prescribed for those purposes.
NAMA had a special right to apply to extend planning permission for up to 2 years separate from the statutory basis in the Planning Act.
Pre-2010 Extension
Where a decision to extend an appropriate period had been made by a planning authority prior to the coming into operation of the 2010 Act , the planning authority, where an application was made to it in that behalf prior to the expiration of the period by which the appropriate period was extended, may further extend the appropriate period provided that each of the following requirements is complied with—
- an application was made
- any requirements of, or made under, the regulations were complied with as regards the application, and
- the authority was satisfied that the relevant development has not been completed due to circumstances beyond the control of the person carrying out the development.”.
Conditions
In extending the appropriate period, a planning authority may attach conditions requiring the giving of adequate security for the satisfactory completion of the proposed development and/or may add to or vary any conditions to which the permission is already subject.
In the context of an application to extend a planning permission, new conditions or bonds may be required. The planning authority must consider whether there have been changes in the development plan, regional policy guidelines and whether the extension is consistent with proper planning and sustainable development. The planning authority must generally decide on the application for an extension within 12 weeks.
2018 Act & Duration
Generally, the duration of planning permission is five years. A longer or shorter period may be specified. There is power to grant permission for a longer period having regard to the nature and extent of the development.
Permissions may be granted for periods between two years and ten years as circumstances require. Shorter planning permissions are designed to prevent land hoarding. Longer planning permissions may be appropriate for extensive developments.
Where an application is made for permission for a residential development of 10 or more houses, regard is to be had to the track record of the developer in finishing and completing other developments in accordance with their permissions.
Where works have commenced on foot of planning permission but are not finished, it is possible to extend to apply to extend the duration. Formerly the works had to commence, but following the housing crash, the Planning Act 2010 allowed for an extension even where no work had commenced, subject to conditions. There is provision for a second extension where the development comprises 20 or more houses, subject to conditions.
The 2018 legislation restored the provision by which planning permission may not be extended if works have not been commenced. It also contemplates a second extension.