Planning and Development Act, 2000

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Power to extend appropriate period.

42.—(1) On application a planning authority shall, as regards a particular permission, extend the appropriate period, by such additional period as the authority considers requisite to enable the development to which the permission relates to be completed, 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, those regulations are complied with as regards the application;

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

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

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

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

(d) the application is made prior to the end of the appropriate period.

(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 43 are complied with as regards the application, and

(c) the planning authority does not give notice to the applicant of its decision as regards the application within the period of 8 weeks beginning on—

(i) in case all of the requirements referred to in paragraph (b) 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 those requirements stand complied with,

subject to section 246 (3), 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 deemed to have been given by the planning authority on the last day of the 8 week period.

(3) (a) Where a decision to extend an appropriate period is given under subsection (1), or, pursuant to subsection (2), such a decision is deemed to have 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 it in accordance with the regulations under section 43 ;

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

(iii) the authority is 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 planning authority considers 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 the application shall be recorded on the relevant entry in the register.

(5) Where a decision to extend, or further to extend, is given under this section, or, pursuant to subsection (2), such a decision is deemed to have been given, section 40 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.