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Guides

Planning In Ireland

This is a simple guide to understanding the planning system. You may wish to build or extend your house, or a neighbourhood development is taking place, which may affect you. Either way, you want to know more about how the planning system works.

This guide is intended as a practical guide. It is not a definitive legal interpretation of planning law. For more information, you should consult your local planning authority.

If you are thinking of buying a site or developing / modifying a house make sure you are fully aware of the rules for the area. Local knowledge is the best so consult local agents, Surveyors and contact the planning department yourself.

• 1. When do I need planning permission?
• 2. What is exempted development?
• 3. Are there different types of permission?
• 4. Where do I get planning permission?
• 5. How much will this cost?
• 6. How long will it take to get planning permission?
• 7. Can I consult the planning authority in advance?
• 8. Where can I find out about local planning policies?
• 9. How do I make a planning application?
• 10. I have lodged a valid planning application. Now what happens?
• 11. What if my application is incomplete?
• 12. Can other people comment on my application?
• 13. How is the decision made?
• 14. How will I know permission has been granted or not?
• 15. Can conditions be attached to my permission?
• 16. How long does permission last?
• Source of this information and further information
• Contact details for Panning Authorities in Ireland

1. When do I need planning permission?

Generally, you need planning permission for any development of land or property unless the development is specifically exempted from this need. Development includes the carrying out of works (building, demolition, alteration)on land or buildings and the making of a material (i.e. significant) change of use of land or buildings.

2. What is exempted development?

Exempted development is development for which planning permission is not required. Categories of exempted development are set out in planning law. There are usually certain thresholds relating to, for example, size or height. Where these thresholds are exceeded, the exemptions no longer apply. The purpose of exemption is to avoid controls on developments of a minor nature. Leaflets PL.5, PL.6 and PL.7 give details of the main exemptions.

3. Are there different types of permission?

Yes. There are two main types of planning permission.
1. Permission;
2. Outline permission;

The most common type of application made is for permission, sometimes referred to as full permission. There are circumstances when you may want to make an application for outline permission. For example, you may want to see whether the planning authority agrees with your proposal in principle before you go to the trouble of making detailed plans.

If you obtain outline permission, you must obtain full permission before starting work. In most cases, a subsequent application for permission must be made within 3 years of the date of grant of outline permission.

However outline permission cannot be sought for retention of a structure,works to a protected structure or a proposed protected structure or developments which require an environmental impact assessment, integrated pollution control licence or a waste licence.

4. Where do I get planning permission?

From the planning authority for your area i.e. your local County Council, Borough Council, City Council or Town Council. Contact details are listed below for all.

5. How much will this cost?

A fee is payable with an application for planning permission. Fees for the different classes of development are listed with the application form. You must pay the correct fee with your application as the planning application will be returned to you if it is not paid. Voluntary organisations may qualify for an exemption from the fee.

6. How long will it take to get planning permission?

This will be affected by the completeness of the application and by whether there is an appeal or not. Generally, a valid application will be dealt with by a planning authority in 12 weeks from the date the application is made to the final grant of a permission. However, the period can vary, particularly if the planning authority seeks further information from the applicant (which it should do within the first 8 weeks). The planning authority then has 4 weeks from the day the further information is received to make a decision on the application.

The table below illustrates the timescale involved in most cases. An appeal may take longer than the application to decide but An Bord Pleanála has an objective to decide appeals within 18 weeks of receipt of an appeal.

7. Can I consult the planning authority in advance?

You do not have to consult the planning authority before making a planning application, but it is often advisable to do so where you are unsure of local planning policies, how to apply, etc. Depending on the type of development, you may need to discuss connections to the public water supply, sewer etc. The larger the development proposal, the greater the need for prior consultation

8. Where can I find out about local planning policies?

The development policies and objectives of the planning authority are in the local development plan. You can view the plan at any time during office hours at the planning authority offices and local libraries. Copies and extracts from the plan are available at a reasonable cost from the planning authority. For more information on the plan see The Development Plan (PL.8).

9. How do I make a planning application?

Forms and information are available from the planning authority. For more information see Making a Planning Application (PL.2).

10. I have lodged a valid planning application. Now what happens?

Your application will be acknowledged and placed on the planning register in the planning authority offices, for public inspection. It will also be included on the lists of planning applications displayed in council offices, public libraries and circulated to certain interest groups. The lists may also be available on the planning authority's website. A planning authority official will usually inspect the development site, and you may be asked to make an appointment to allow access.

11. What if my application is incomplete?

If your application:
* lacks any of the required documents;
* lacks the appropriate fee or;
* is in any other way inadequate ;(e.g. does not meet the statutory requirements for public notice of your application)
the application will be invalid and will be returned to you with the fee. The statutory 8 week period for deciding the application begins from the time you submit a valid application with the required information in full, pay the correct fee and give proper public notice of the application.

12. Can other people comment on my application?

Yes. Any person can see a copy of your application and make written submissions or observations, on payment of the appropriate fee, to the planning authority on any planning aspect of it. These must be considered by the planning authority when determining your application. For more information see Commenting on a Planning Application (PL.3).

13. How is the decision made?

In making the decision, the planning authority takes a number of matters into account, including:
* the proper planning and sustainable development of the area (e.g. appropriate land use (zoning), road safety, development density, size, location, adherence to established planning and development practices);
* its own development plan;
* Government policy;
* the provision of a Special Amenity Area Order;
* any European site (eg. Special Areas of Conservation; Special Protection Areas);
* submissions and observations made by members of the public on the application.

It may not take non-planning issues into account e.g. boundary or other disputes, questions more properly resolved through legal means, etc

14. How will I know permission has been granted or not?

The decision to grant permission, with or without conditions, will be notified to you, and to anyone who commented on the application.

What you get is a notice of intention to grant permission. During a period of 4 weeks beginning on the date of making of this decision, you or anyone else who has made a submission or observation on the application and has paid the appropriate fee may appeal it to An Bord Pleanála.

Where there is no appeal, the planning authority will formally give you the grant of permission at the end of the appeal period. You must not commence work until you receive this notification.

If the decision is appealed, you will receive from An Bord Pleanála either the grant of permission, with or without whatever conditions the Board considers appropriate, or if the Board decides, refusal of permission.

Where the planning authority decide to refuse your application, its reasons will be included in the notification sent to you. The same period for appeal (4 weeks) will apply.

15. Can conditions be attached to my permission?

Planning permission may be subject to certain conditions, which will be listed on the decision.

These may require changes to your proposal (e.g. new arrangements for the disposal of surface water, revised height/colour/material for boundary walls, improved landscaping of the site).

You may also be required to make a contribution to the local authority for services (e.g. water, sewerage). These contributions differ from place to place and for different types of development.

You must comply with all of the conditions attached to the permission and finish work in accordance with them. Even if you have more than one permission for a site, you cannot pick and choose the conditions which suit you best.

16. How long does permission last?

The standard duration for planning permission (permission or outline permission) is five years from the date of the grant of the permission by the planning authority or An Bord Pleanála.

In certain circumstances the planning authority may extend the life of a planning permission but only where:
* substantial works have been carried out during the lifetime of the permission and
* the planning authority is satisfied that the development will be completed in reasonable time.

If a planning permission expires and you apply for a new permission for the same development, the planning authority may refuse permission or attach significantly different conditions. This can happen if planning policies or the requirements for the proper planning and sustainable development of the area have changed in the interim.

Source of this information and further information

It is sourced from the department of Environment (www.environ.ie )

Contact details for Panning Authorities in Ireland