Planning and Development Act 2000

F439[Power to vary appropriate period.

41

41. (1) Without prejudice to the powers conferred on them by F440[this Part and Part XXI] to grant a permission to develop land for a limited period only, in deciding to grant a permission under F440[section 34, 37, 37G, 37N or 293], a planning authority or the Board, as may be appropriate, may, having regard to the nature and extent of the relevant development and any other material consideration, specify the period during which the permission is to have effect, being a period

(a) in the case of all development requiring permission, of not less than 2 years, and

(b) in the case of residential development requiring permission, of not more than 10 years,

and where the planning authority or the Board exercises, or refuses to exercise, the power conferred on it by this section, the exercise or refusal shall be regarded as forming part of the relevant decision of the authority or the Board under F440[section 34, 37, 37G, 37N or 293].

(2) Where an application for permission relates to a residential development comprising 10 or more houses

(a) material considerations in subsection (1) may include any information available to the planning authority or furnished to it by the applicant concerning implementation by the applicant of any housing development in the previous 5 years, and

(b) an assessment by the planning authority of the likelihood of the proposed development being implemented within the appropriate period sought, being the appropriate period within the meaning provided for by section 40(3).]

Annotations

Amendments:

F439

Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 26(1), S.I. No. 436 of 2018.

F440

Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 15, S.I. No. 488 of 2022.

Modifications (not altering text):

C84

Section construed during specified period (3.07.2017 to 31.12.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 14, S.I. No. 270 of 2017.

Definitions (Chapter 1)

3. In this Chapter— ...

“specified period” means—

(a) the period from the commencement of this provision until 31 December 2019, and

(b) any additional period as may be provided for by the Minister by order under section 4(2);

...

Construction of section 41 (power to vary appropriate period) of Act of 2000 during specified period

14. Section 41 of the Act of 2000 has effect during the specified period—

(a) as if “or under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “or 37N,” where it first occurs, and

(b) as if “, or under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “or 37N” where it last occurs.

Editorial Notes:

E195

Previous affecting provision: section amended (14.07.2015) by European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2015), reg. 5; section substituted as per F-note above.

E196

Previous affecting provision: section amended (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 12(a), S.I. No. 684 of 2006; substituted as per F-note above.

E197

Previous affecting provision: section amended (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 12(b), S.I. No. 684 of 2006; section substituted as per F-note above.