Planning and Development Act 2000
Power to extend appropriate period.
F456[42.—(1) F457[On application to it in that behalf, F458[but subject to subsections (1B) and (8)],] a planning authority shall, as regards a particular permission, extend the appropriate period by such additional period not exceeding 5 years as the authority considers requisite to enable the development to which the permission relates to be completed provided that each of the following requirements is complied with:
F459[(a) (i) the authority is satisfied that—
(I) the development to which the permission relates was commenced before the expiration of the appropriate period sought to be extended,
(II) F460[…]
(III) substantial works were carried out pursuant to the permission during that period, and
(IV) the development will be completed within a reasonable time,]
(b) the application is in accordance with such regulations under this Act as apply to it,
(c) any requirements of, or made under those regulations are complied with as regards the application, and
(d) the application is duly made prior to the end of the appropriate period.
F461[(1A) Where development consisting of, or including, one or more than one house in respect of which permission was granted has not commenced within the appropriate period, a planning authority shall, subject to subsection (8), extend the appropriate period by such additional period (not exceeding 3 years) as the planning authority considers requisite to enable the development concerned to be completed, provided that—
(a) an application is made (in accordance with such regulations under this Act as apply to such an application)—
(i) before, but not earlier than 2 years before, the end of the appropriate period, and
(ii) not later than 6 months after the date on which section 28 of the Planning and Development (Amendment) Act 2025 comes into operation,
to the planning authority for an extension of the appropriate period, and
(b) the authority is satisfied that the development will be completed within a reasonable time.
(1B) A person shall not be entitled to make an application under subsection (1) if the appropriate period in respect of the permission concerned was, at any time, extended under subsection (1A)].
(2) In extending the appropriate period under F458[subsection (1) or (1A)] a planning authority may attach conditions requiring the giving of adequate security for the satisfactory completion of the proposed development, and/or may add to or vary any conditions to which the permission is already subject under section 34(4)(g).
(3) (a) Where an application is duly made under this section to a planning authority and any requirements of, or made under, regulations under section 43 are complied with as regards the application, the planning authority shall make its decision on the application as expeditiously as possible.
(b) Without prejudice to the generality of paragraph (a), it shall be the objective of the planning authority to ensure that it shall give notice of its decision on an application under this section within the period of 8 weeks beginning on—
(i) in case all of the requirements referred to in paragraph (a) 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.
F459[(4) A decision to extend the appropriate period of a permission F461[under subsection (1)] shall be made not more than twice under this section and a planning authority shall not further extend the appropriate period. Where a second decision to extend an appropriate period is made under this section, the combined duration of the 2 extensions of the appropriate period shall not exceed 5 years.]
F461[(4A) Where a planning authority has extended the appropriate period in relation to a permission under subsection (1A), that planning authority may, subject to subsections (4B), (4C), (7A) and (8), extend the appropriate period by such further additional period as the planning authority considers requisite to enable the development concerned to be completed, provided that—
(a) an application is made (in accordance with such regulations under this Act as apply to such an application) before, but not earlier than 2 years before, the end of the appropriate period to the planning authority for a further extension of the appropriate period, and
(b) the planning authority is satisfied that the development will be completed within a reasonable time.
(4B) A person shall not be entitled to make an application under subsection (4A) if the appropriate period in respect of the permission concerned was already extended under that subsection.
(4C) The aggregate of the extensions of the appropriate period under subsections (1A) and (4A) shall not exceed 5 years.]
(5) 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.
(6) Where a decision to extend is made under this section, 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.
(7) Notwithstanding subsection (1) or (4), where a decision to extend an appropriate period has been made by a planning authority prior to the coming into operation of this section, the planning authority, where an application is made to it in that behalf prior to the expiration of the period by which the appropriate period was extended, may further extend the appropriate period provided that each of the following requirements is complied with—
(i) an application is made in that behalf in accordance with regulations under section 43,
(ii) any requirements of, or made under, the regulations are complied with as regards the application, and
(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.]
F461[(7A) A planning authority shall not grant an extension under subsection (4A) unless it is satisfied that—
(a) the development to which the permission relates was commenced before the expiration of the appropriate period sought to be extended,
(b) substantial works were carried out pursuant to the permission during that period, and
(c) the development will be completed within a reasonable time.].
F462[(8) A planning authority shall not extend the appropriate period under this section in relation to a permission if an environmental impact assessment or an appropriate assessment would be required in relation to the proposed extension concerned.]
F461[(9) An extension of the appropriate period under subsection (1A) shall cease to have effect if the development to which the extension relates is not commenced before the expiration of the period of 18 months from the date on which section 28 of the Planning and Development (Amendment) Act 2025 comes into operation.
(10) In this section "permission" includes permission under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016.]
Annotations
Amendments:
F456
Substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 28, S.I. No. 405 of 2010.
F457
Substituted (9.09.2021) by European Union (Planning) (Habitats, Birds and Environmental Impact) Regulations 2021 (S.I. No. 456 of 2021), reg. 2(a)(i), in effect as per reg. 1(2).
F458
Substituted (1.08.2025) by Planning and Development (Amendment) Act 2025 (9/2025), s. 28(a), (c), S.I. No. 380 of 2025, art. 2.
F459
Substituted (9.09.2021) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 28(1), S.I. No. 455 of 2021, as substituted (19.07.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 57(1), commenced on enactment as per subs. (2).
F460
Deleted (9.09.2021) by European Union (Planning) (Habitats, Birds and Environmental Impact) Regulations 2021 (S.I. No. 456 of 2021), reg. 2(a)(ii), in effect as per reg. 1(2).
F461
Inserted (1.08.2025) by Planning and Development (Amendment) Act 2025 (9/2025), s. 28(b), (d)-(g), S.I. No. 380 of 2025, art 2.
F462
Inserted (9.09.2021) by European Union (Planning) (Habitats, Birds and Environmental Impact) Regulations 2021 (S.I. No. 456 of 2021), reg. 2(c), in effect as per reg. 1(2).
Modifications (not altering text):
C128
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 140(13), (14), not commenced as of date of revision.
Request for alteration or extension of permission
140.— …
(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.
Editorial Notes:
E210
Previous affecting provision: subs. (1A) amended (9.09.2021) by European Union (Planning) (Habitats, Birds and Environmental Impact) Regulations 2021 (S.I. No. 456 of 2021), reg. 2(b)(i), (ii), in effect as per reg. 1(2); subsection ceased (31.12.2021) and was re-inserted (1.08.2025) as per F-note above.
E211
Previous affecting provision: section construed (23.12.2016, date of enactment, for period to 31.12.2021) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 28(2)(a), S.I. No. 341 of 2017, as substituted (19.07.2017) by Planning and Development (Amendment) Act 2017 (20/2017), s. 1, commenced on enactment; and further construed (23.12.2016, date of enactment, for period to 31.12.2021) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 28(2)(b), (c), S.I. No. 341 of 2017; period of amendments expired and section further amended as per F-notes above.
E212
Previous affecting provision: subs. (1)(a)(ii)(II) amended (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 77, S.I. No. 214 of 2014; substituted as per F-note above.