Local Government (Planning and Development) Act, 1982

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Power to extend appropriate period.

4.—(1) On an application being made to them in that behalf, a planning authority shall, as regards a particular permission, extend the appropriate period, by such additional period as the authority consider requisite to enable the development to which the permission relates to be completed, if, and only if, each of the following requirements is complied with:

(a) the application is in accordance with such regulations under this Act as apply to it,

(b) any requirements of, or made under, such regulations are complied with as regards the application, and

(c) the authority are satisfied in relation to the permission that—

(i) the development to which such permission relates commenced before the expiration of the appropriate period sought to be extended, and

(ii) substantial works were carried out pursuant to such permission during such period, and

(iii) the development will be completed within a reasonable time.

(2) Where—

(a) an application is duly made under this section to a planning authority,

(b) any requirements of, or made under, regulations under section 11 of this Act are complied with as regards the application, and

(c) the planning authority do not give notice to the applicant of their decision as regards the application within the period of two months beginning on—

(i) in case all of the aforesaid requirements referred to in paragraph (b) of this subsection are complied with on or before the day of receipt by the planning authority of the application, that day, and

(ii) in any other case, the day on which all of the said requirements stand complied with,

subject to section 10 (2) of this Act, a decision by the planning authority to extend, or to further extend, as may be appropriate, the period, which in relation to the relevant permission is the appropriate period, by such additional period as is specified in the application shall be regarded as having been given by the planning authority on the last day of the said two month period.

(3) (a) Where a decision to extend an appropriate period is given under subsection (1) of this section, or, pursuant to subsection (2) of this section, such a decision is to be regarded as having been given, the planning authority shall not further extend the appropriate period, unless each of the following requirements is complied with:

(i) an application in that behalf is made to them in accordance with such regulations under this Act as apply to it,

(ii) any requirements of, or made under, such regulations are complied with as regards the application, and

(iii) the authority are satisfied that the relevant development has not been completed due to circumstances beyond the control of the person carrying out the development.

(b) An appropriate period shall be further extended under this subsection only for such period as the relevant planning authority consider requisite to enable the relevant development to be completed.

(4) Particulars of any application made to a planning authority under this section and of the decision of the planning authority in respect of such application shall be recorded on the relevant entry in the register.

(5) Where a decision to extend, or to further extend, is given under this section, or, pursuant to subsection (2) of this section, such a decision is to be regarded as having been given, section 2 of this Act shall, in relation to the permission to which the decision relates, be construed and have effect subject to and in accordance with the terms of the decision.

(6) This section shall not be construed as precluding the extension, or the further extension, of an appropriate period by reason of the fact that the period has expired.