In Friends of the Irish Environment v An Bord Pleanála [2019] IEHC 80, Simons J held that developers are precluded from using the process provided for in section 146B of the Planning and Development Act 2000 (the PDA) to extend the duration of a planning permission.
The Court concluded that a developer could not invoke the general power under section 146B for An Bord Pleanála to alter a strategic infrastructure development upon request to seek an extension but, rather, an extension of the duration of a planning permission could only be granted under section 42 of the PDA. In doing so, he emphasised that section 42 of the PDA (as amended) is precise and deals with “one specific contingency, namely the extension of the duration of a planning permission”. Simons J confirmed that the conclusion was informed by the presence of safeguards in section 42 which were absent from section 146B.
For further information on this topic please contact, Alan Roberts, Partner, Niamh Collins, Lawyer or any member of A&L Goodbody’s Environmental and Planning team.