Planning and Development (Housing) and Residential Tenancies Act 2016
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Chapter 3 Miscellaneous constructions and amendments to Planning and Development Act 2000 | ||
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Amendment, etc., of section 42 (power to extend appropriate period) of Act of 2000 | ||
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28. (1) Section 42 of the Act of 2000 is amended— | ||
(a) in subsection (1)— | ||
(i) by substituting “Subject to subsection (8), on application to it in that behalf” for “On application to it in that behalf”, | ||
(ii) in paragraph (a)(ii) by inserting “and” at the end of clause (II), substituting “section,” for “section, and” in clause (III) and deleting clause (IV), and | ||
(iii) by inserting the following after paragraph (a): | ||
“(aa) an environmental impact assessment or an appropriate assessment, or both of those assessments, were not required before the permission was granted,”, | ||
and | ||
(b) by inserting the following after subsection (7): | ||
“(8) Subparagraph (ii) of subsection (1)(a) does not apply in the case of a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016.”. | ||
(2) During the period from the passing of this Act until 31 December 2021, section 42 of the Act of 2000 has effect— | ||
(a) as if the following subsection were inserted after subsection (1): | ||
“(1A) (a) Notwithstanding anything to the contrary in subsection (1) or (4), a planning authority shall— | ||
(i) as regards a particular permission in respect of a development of the type referred to in subsection (1)(a)(i) 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 | ||
(ii) upon application being duly made to the authority, | ||
further extend the appropriate period by such additional period not exceeding 5 years, or until 31 December 2021, whichever first occurs, but the authority shall only so extend that period where the authority— | ||
(I) considers it requisite to enable the development to which the permission relates to be completed, | ||
(II) is satisfied that the application is in accordance with such regulations under the Planning and Development Acts 2000 to 2016 as apply to the application, | ||
(III) is satisfied that any requirements of, or made under those regulations are complied with as regards the application, and | ||
(IV) is satisfied that in the case of a permission— | ||
(A) 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 that section 28 of the Planning and Development (Housing) and Residential Tenancies Act 2016 comes into operation, the application is duly made within 6 months of the said commencement date, and | ||
(B) where the appropriate period as extended has not expired on the date of the commencement of section 28 of the Planning and Development (Housing) and Residential Tenancies Act 2016, the application is duly made prior to the end of the expiration of the period by which the appropriate period was extended.”, | ||
(b) as if in subsection (2) there were substituted “subsection (1) or (1A)” for “subsection (1)”, and | ||
(c) as if in subsection (4) there were substituted “Except where subsection (1A) applies, a decision” for “A decision”. |