Extend Duration of a Planning Permission
1. An application may now be made, on a temporary basis, to extend the duration of a planning permission for a house or houses that is/are not commenced subject to the following criteria being satisfied:
- The application is made before, but not earlier than 2 years before, the expiry of the permission
- not later than 6 months after the date (1st August 2025) on which Section 28 of the Planning and Development (Amendment) Act 2025 came into operation and
- the authority is satisfied that the development will be completed within a reasonable time.
- an environmental impact assessment or an appropriate assessment, or both of those assessments, were not required before the permission was granted, and are not required in relation to the proposed extension concerned.
- the period of extension sought does not exceed 3 years.
- In such circumstances form Section 42(1A) must be used.
- Any extension granted will cease to have effect if the development has not commenced within 18 months of Section 28 of the Act of 2025 coming into operation (within 18 months of 1st August 2025)
2. A person who avails of an extension under subsection (1A) for un-commenced housing development cannot subsequently seek a further extension under subsection (1) (which applies to commenced development with substantial works carried out). Subsection (4A) allows for housing development permissions already extended under subsection (1A) to be further extended by an additional period to enable the development concerned to be completed provided that:
- The application is made before, but not earlier than 2 years before, the expiry of the permission, and
- The planning authority is satisfied that:-
– Development was commenced before the expiry of that permission’s appropriate period
– Substantial works were carried out during that period and
– The development will be completed within a reasonable time
- The further extension under subsection (4A) can only be availed of once and the combined duration of the extensions of the appropriate period under subsections (1A) and (4A) shall not exceed 5 years.
3. Where an Extension of duration is sought to extend the appropriate period as regards a particular permission where substantial works have commenced the Section 42(1) form must be used. In the cases of such applications the following criteria applies:
- The application is made before, but not earlier than 1 year before, the end of the appropriate period.
- the development to which the permission relates was commenced before the expiration of the appropriate period sought to be extended,
- substantial works were carried out pursuant to the permission during that period, and
- the development will be completed within a reasonable time,
- an environmental impact assessment or an appropriate assessment, or both of those assessments, were not required before the permission was granted, and are not required in relation to the proposed extension concerned.
Applications for an Extension of Duration must be submitted to the Planning Office and accompanied by the prescribed fee (€62).
Contact Us
Room 13,
Planning Department
Rathass,Tralee,
Co. Kerry
Tel: 066/7183582
Fax: 066/7120328
E: [email protected]
Search Planning
Forms
- Pre-Planning Application Form – Word format
- Pre-Planning Application Form
- Planning Application Form – Word format
- Planning Application Form
- Public Site Notice – Word format
- Public Site Notice(As Gaeilge) - Word format
- Public Site Notice
- Public Site Notice (As Gaeilge)
- Further Info Site Notice
- Further Info Site Notice(As Gaeilge)
- Further Info Site Notice (Word format)
- Further Info Site Notice(As Gaeilge) (Word format)
- Extension of Duration Form 42(1) Bilingual
- Extension of Duration Form Uncommenced Houses Section 42(1A)
- Site Characterisation Application Form
- Site Assessment Checklist
- EPA Code of Practice
- EPA Code of Practice FAQ's - Further information is available on the E.P.A. website at www.epa.ie
- Policy on Taking in Charge of Housing Estates
- Housing Estate Taking in Charge Form
- Section 57 Application Form ( Protected Structure)
- Copyright and Related Rights Act, 2000 Declaration made under Section 74 (4)
- Enforcement Complaint Form - Word format
- Enforcement Complaint Form
- Section 5 Application Form
- Certificate of Exemption
- Certificate of Exemption - Explanatory Memorandum
- Article 10(6)(a) Exemption_Application Form
- Form 15 - Homesharing and short term letting.
- Form 16 - Short term letting 90 day exceeded.
- Form 17 - End of year form for short term letting.
- Form 18 - Large-scale Residential Development Meeting Request Form
- Form 19 - To accompany Large-scale Residential Development Application
- Form for the Construction of Farm Developments