Builders will not get a “free pass” and there is a “use it or lose it” provision in Government proposals to allow for planning permission extensions for delayed housing developments, Minister for Housing James Browne has insisted.
Under the proposals for emergency legislation, approved by Cabinet on Tuesday, developers would be able to seek extensions to planning permissions in cases where building work has been delayed by judicial review proceedings or access to finance or infrastructure constraints.
The measure is a bid to activate developments such as large-scale apartments that might otherwise go beyond their permission timeline and lapse.
Mr Browne said almost 15,800 residential units have gone through judicial review and got the go ahead to proceed but have had the duration of their planning permission eroded as a result.
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He said he believes that while judicial reviews are a legitimate part of Ireland’s legal process, they have “been weaponised by some people” in the hope that if a project is delayed long enough it will fail.
Minister of State with responsibility for planning John Cummins said allowing extensions is a “practical and common sense measure to ensure that sufficient time is given to activate planning permissions for much needed housing across the country”.
Social Democrats housing spokesman Rory Hearne responded to the Government’s plans by saying he is concerned that the measure will “incentivise land and property speculation rather than actually getting homes built”.
He added: “We believe there should be a use it or lose it approach to planning permission rather than this extension.”
Mr Browne later said there is a “use it or lose it” element, with a requirement that developments commence within 18 months of the legislation passing.
He said: “This is not a free pass for people who have planning permissions.”
Mr Browne said commencement notices are “a legal step” where developers “must notify the local authority that they’re actually about to start that work” and that “you actually should be putting shovels in the ground”.
He also said: “once you sign a commencement, it’s actually very difficult to withdraw it”. He added: “I’d expect developers here to act in good faith. If they don’t commence, they won’t get the extension of time.”
He confirmed at a press conference that there will be no penalties for someone that gets the extension but does not develop the land.
Mr Browne said bringing in penalties would be “very challenging” legally given protections relating to land under the Constitution but also said this would be kept under review.
The intention is for the legislation to be completed before the Dáil summer recess.
