Planning and Development Act 2024

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Request for alteration or extension of permission

140. (1) Subject to subsection (2), a person may—

(a) request the deciding authority to alter the terms of a permission, provided that any part of the development to which the permission relates that has been carried out is in compliance with the permission, or

(b) subject to subsection (13), request the deciding authority to extend the duration of a permission, provided that—

(i) the request is made prior to the date of expiration of the permission, and

(ii) the development to which the permission relates has commenced.

(2) Section 85 shall apply to a request under subsection (1) subject to—

(a) the modification that the references in subsections (1) and (3) of section 85 to an application for permission for land-based development under Chapter 3 or 4 shall be construed as references to a request under subsection (1) to alter or extend the duration of a permission for land-based development,

(b) the modification that the references in subsections (2) and (4) of section 85 to an application for permission for maritime development under Chapter 3 or 4 shall be construed as references to a request under subsection (1) to alter or extend the duration of a permission for maritime development, and

(c) all other necessary modifications.

(3) A request under subsection (1) shall specify—

(a) the particulars of the alteration requested,

(b) the period of the extension requested, or

(c) both those particulars and that period,

and shall be accompanied by—

(i) sufficient information to allow the deciding authority to assess the request, and

(ii) where the deciding authority—

(I) is a planning authority, such fee as may be prescribed, or

(II) is the Commission, such fee as may be payable under section 381 ,

and

(iii) such documents or information as may be prescribed.

(4) The Minister may prescribe the period prior to the date of expiration of the permission within which a request under paragraph (b) of subsection (1) may be made.

(5) Subject to subsection (6), a request under subsection (1) that is not in accordance with this section or such regulations as are made for the purposes of this section shall be invalid.

(6) Where the deciding authority determines, at any time before the deciding authority makes an alteration of the terms or grants an extension of the duration of a permission under subsection (1) of section 142 or makes a decision under subsection (1) of section 143 in relation to the request, that the request was not made in accordance with this section or regulations made for the purposes of this section then—

(a) if it is satisfied that the failure to make the request in accordance with those enactments—

(i) has not resulted in any failure to comply with any requirement under this Act to give public notice of the request, and

(ii) has not otherwise materially affected the ability of the deciding authority to determine the request, or carry out any appropriate assessment or environmental impact assessment in relation to the request,

it shall treat the request as valid, or

(b) if it is not satisfied with regard to the matters referred to in subparagraphs (i) and (ii) of paragraph (a), it shall treat the request as invalid and declare it to be so.

(7) Where an alteration or extension requested under subsection (1) is not a material alteration within the meaning of paragraph (a), (b) or (c) of the definition of material alteration in section 138 , the deciding authority shall, as soon as practicable after the making of the request, determine whether the alteration or extension is a material alteration within the meaning of paragraph (d) of that definition.

(8) Before making a determination under subsection (7), the deciding authority may invite submissions on the alteration or extension to be made to it in writing by such person or class of person, including the public, as the deciding authority considers appropriate, and the deciding authority shall have regard to such submissions in making the determination.

(9) A deciding authority shall give notice, in such form and manner as may be prescribed, that a request under subsection (1) is a material alteration request to—

(a) the person who made the request, and

(b) any person who made submissions under subsection (8).

(10) Following receipt of a notice under subsection (9), the person who made the request shall comply with such requirements to give notice of the request to the public as may be prescribed.

(11) Where the deciding authority is the Commission, it shall notify the following of the receipt of a request under subsection (1):

(a) where the permission relates primarily to land, the planning authority in whose functional area the development the subject of the permission is situated or proposed to be situated;

(b) where the permission relates primarily to a maritime site, the Maritime Area Regulatory Authority.

(12) Particulars of a request under subsection (1) shall be entered in the register.

(13) Where an application under section 42 of the Act of 2000 was made before the repeal of that section by section 6 but—

(a) the planning authority did not make a decision in relation to the application before such repeal, or

(b) on appeal from a decision of a planning authority under the said section 42, the Board did not make a decision in relation to the appeal before such repeal,

the said section 42 and section 43 of that Act shall, on and after that repeal, continue to apply and have effect in relation to the application.

(14) Notwithstanding the repeal of section 42 of the Act of 2000, effected by section 6 , the said section 42 and section 43 of the Act of 2000 shall, during the period of 3 years commencing on the passing of this Act, continue to apply and have effect in relation to—

(a) a permission granted under the Act of 2000, and

(b) a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 .