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Planning Permission - The Process

 

Concept and final stage


This stage of the process is probably the most interesting to you the client, and requires a substantial amount of time and input together with, interaction and advice from your Architect. During this stage of the process it may be advisable that you and your Architect organize and attend a pre-application consultation with the relevant Planning Authority to discuss your proposals in broad outline. The result of this meeting may alter some or all of your original plans and you may have to come up with alternative solutions. It may feel a dragged out part of the process but it is an extremely important one, as the final design on which you eventually sign off, should:

 

  1. Meet all your requirements in relation to size, design, layout and finishes.
  2. Meet any special lifestyle requirements you may have
  3. Be of a buildable design
  4. Suit the site on which it is proposed to be erected
  5. Be within your budget
  6. Have a reasonable prospect of receiving Planning Permission


The Planning Process

 

This stage of the process is, mainly undertaken by your Architect, on your behalf. It will probably involve some last minute detail alterations to the overall design, which will involve your input. It is advisable that you keep in contact with your Architect during this stage to ensure that everything is proceeding, as it should, and that there are no undue delays caused by lack of communication. When your Architect is ready to submit your planning application, he/she will contact you to inform you and will probably request a meeting with you to complete the planning application forms and documentation etc. which are required by the relevant Local Authority for the Planning Application. For your further information we suggest that you click www.environ.ie and download their planning leaflets for the general public.

 

Please note that All Planning Applications must comply with the Planning and Development Act 2000 but in addition to this it should be noted that each planning authority has its own development plan, which sets out local development policies and objectives for its own area. The authority may therefore need supplementary information (i.e. other than that required in this form) in order to determine whether the application conforms with the development plan and may request this on a supplementary application form.



Failure to supply the supplementary information will not invalidate your planning application. However, if it is not supplied, the planning authority may not be able to reach a decision on whether or not to grant permission on the basis of the information available to it. Therefore failure to supply this information could delay the decision on an application or lead to a refusal of permission.

 


Applicants should therefore contact the relevant planning authority to determine what local policies and objectives would apply to the development proposed and whether additional information is required.

For your further information we have listed all of the planning authorities throughout the 26 counties at the end of this section.

 

Please note: You must use the planning forms and documentation as provided by the Local Authority to which you are making the application.


Planning Application documentation


Please note that if the appropriate documentation is not included, your application will be deemed invalid.

 

  • All Planning Applications

 

(A) 1 original and 5 copies of the completed application form

(B) 1 original and 5 copies of relevant page of newspaper that contains notice of your application

(C) 6 copies of the site notice

(D) 6 copes of site location map

(E) 6 copies of site or layout plan

(F) 6 copies of plans and other particulars required to describe the works to which the development relates (include detailed drawings of floor plans, elevations and sections – except in the case of outline permission)

(G) The appropriate Planning Fee

 

  • Where the applicant is not the legal owner of the land or structure in question:

 

The written consent of the owner to make the application

 

  • Where the application is for residential development that is subject to Part V of the 2000 Act:

 

Specification of the manner in which it is proposed to comply with section 96 of
Part V

Or

A certificate of exemption from the requirements of Part V

Or

A copy of the application submitted for a certificate of exemption.

 

  • Where the application is for residential development that is not subject to Part V of the 2000 Act by virtue of section 96(13) of the Act:

 

Information setting out the basis on which section 96(13) is considered to apply to the development.

 

  • Where the disposal of wastewater for the proposed development is other than to a public sewer:

 

Information on the on-site treatment system proposed and evidence as to the suitability of the site for the system proposed.

 

  • Where the application refers to a protected structure/ proposed protected structure/ or the exterior of a structure which is located within an architectural conservation area (ACA):

 

Photographs, plans and other particulars necessary to show how the development would affect the character of the structure.

 

  • Applications that refer to a material change of use or retention of such a material change of use:

 

Plans (including a site or layout plan and drawings of floor plans, elevations and sections which comply with the requirements of Article 23) and other particulars required describing the works proposed.

 

  • Where an application requires an Environmental Impact Statement:

 

An Environmental Impact Statement

 

  • Applications that are exempt from planning fees:

 

Proof of eligibility for exemption18

 

  • Applications for one-off rural dwellings:

 

6 copies of the Rural Housing Application Form and documentation.


Validating the application


On submission of your planning application the Planning Authority will stamp each document with the date of receipt and examine all the documentation and, if in order, will then validate the submission. Please note if the documentation is not fully in order your application will be invalidated, and you will have no option but to re-apply.


Site Notices


Within the period of 2 weeks before making your planning application the Site Notice/s should be securely erected in the position/s as indicated on your planning application, which would generally be in or near the entrance/s to the land or structure concerned from the public road. The Notice/s should be easily visible and legible by persons using the public road and should not be obscured or concealed at any time.

The Notice/s should be inscribed or printed in indelible ink on a white background (on a yellow background if the site was the subject of a previous planning application up to 6 months earlier). As the Site Notice/s have to be maintained for a period of 5 weeks from the submission date, it is imperative that it/they is/are affixed on rigid durable material and secured against damage from inclement weather and other causes. If during this period the Notice/s is/are removed, or become illegible or defaced it/they must be renewed or replaced. The Notice/s should be monitored constantly during this period.


Determination of Planning Application


The Planning Authority cannot determine an application for permission prior to a period of 5 weeks, beginning on the date of the application, has elapsed.

 

  • The Planning Authority must determine an application within a period of 8 weeks, beginning on the date of the application, subject to:

    (01) The Planning Authority serves notice of a request for further information. This allows the Planning Authority a further 4 weeks to determine the application, following the date on which the request is complied with.

    (02) The Planning Authority serves notice of a request for further information on an Application which was accompanied by an environmental impact statement. This allows the Planning Authority a further 8 weeks to determine the application, following the date on which the request is complied with.

    (03) The Planning Authority serves notice of a request for further information on an Application which was in material contravention to the development plan. This allows the Planning Authority a further 8 weeks to determine the application, following the date on which the request is complied with.

    (04) The Planning Authority is of the opinion that the development may be the cause of a major accident or serious consequences, seeks and receives technical advice. This allows the Planning Authority a further 4 weeks to determine the application, following the date on which the technical advice is received.

    (05) Where within the period of 8 weeks beginning on the date of receipt by The Planning Authority of the application, the applicant gives to the planning authority in writing his/her consent to the extension of the decision making period, the decision shall be extended for the period consented to by the applicant.


Where The Planning Authority fails to make a decision within the periods specified above, a decision by The Planning Authority to grant the permission shall be regarded as having been given on the last day of that period.


Notification of decision


Before the expiration of the planning period, but not earlier than 5 weeks has elapsed The Planning Authority will make its decision either to grant permission subject to or without conditions, or to refuse it. Notification of the decision will be given to the applicant within 3 working days of the day of the decision.


Notification of final grant of permission


Where the Planning Authority decides to grant a permission and no appeal is taken against the decision the final grant will be made as soon as may be after the expiration of the period of taking the appeal. (4 weeks commencing the date of the decision).


Appeal Process


Where the Planning Authority decides to grant a permission and an appeal or appeals to An Bord Pleanala are taken against the decision, the final grant is not made and all relevant documentation is sent to An Bord Pleanala by the Planning Authority within a period of 2 weeks beginning on the day on which a copy of the appeal is sent to them by the Bord. Each of the parties will receive a copy of the appeal from An Bord Pleanala and they may make submissions or observations within 4 weeks beginning on the day that a copy of the appeal is sent to that party.

Where the Planning Authority decides not to grant a permission and an appeal to An Bord Pleanala are taken against the decision, all relevant documentation is sent to An Bord Pleanala by the Planning Authority within a period of 2 weeks beginning on the day on which a copy of the appeal is sent to them by the Bord. Each of the parties will receive a copy of the appeal from An Bord Pleanala and they may make submissions or observations within 4 weeks beginning on the day that a copy of the appeal is sent to that party.

It is the objective of An Bord Pleanala to ensure that every appeal is determined within a period of 18 weeks beginning on the date of receipt by the Bord of the appeal.

 

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