ABBEYnet

The new Planning Regulations came into effect on the 11th March 2002

Types of Planning Application

 General construction

• Application for Outline Permission
• Application for Permission
• Application for Retention
• Application for Permission following the Grant of Outline Permission*

 Any application can be rejected by the Local Authority as ‘invalid ‘

 * Replaces ‘Approval’.

General Requirements

• Newspaper Notice
• Site Notice
• Completed Application Form
• Appropriate Fee (presently €65 house application, €34 extension).
• Drawings
• Schedule of Drawings **
• A Section 97 certificate (if appropriate)

 ** New requirement.

Background Information

• Is the site located in an Architectural Conservation Area?
• Is the site located in a Strategic Development Zone?
• Is the site located in the vicinity of an establishment?
• Is the structure a Protected Structure (or proposed to be)

     Is an EIS, IPC or Waste Licence Required
(IPC = Integrated Pollution Control)

Newspaper Notice – Requirements

• Each Planning Authority must provide a list of approved newspapers to applicants
• Must be published in the two-week period immediately preceding the making of the application.
• Townland name or Postal address
• Type of application
• ‘Approval’ option has been abolished and Outline Reference must be given.
• If within category noted in ‘Background Information’, this must be stated.**
• That the application can be Inspected or Purchased and where. **
• That an observation or comment can be made on payment of a fee within 5 weeks of receipt of application by Planning Authority. **
• Irish language newspapers must be allowed by Planning Authorities where Gaelteacht areas are within their boundaries.
• Where the site is not in a Gaelteacht area and the notice is in an Irish language newspaper it must also be published in an English language newspaper from the approved list. (However, it is not specified that it must be published in English in this instance).

 ** New requirements

Site Notice – Requirements

• Must be erected on site in the two week period immediately preceding the making of an application
• Date that the site notice is erected must be on the notice.
• Name of the Planning Authority.
• Townland name and Postal Address
• Type of permission sought
• A description of the proposed development
• If within category noted in ‘Background information’, this must be stated.
• Application can be inspected or purchased saying where and when (opening times of planning authority office to be included). **
• That an observation or comment can be made on payment of €20 within 5 weeks of receipt of application by Planning Authority. **
• Notice must be signed by the applicant or signature and address of agent. **
• Planning Authority may require that more than one notice be erected. **
• Notice should be A4 in size and less than 1.5m above ground level. (If the notice is not clearly legible at A4 size it can be printed on a larger background).
• A notice relating to a second application within 6 months of the previous one must be on a yellow background (where the application relates to the same site or part thereof).
• Site notice must remain in place for 5 weeks after receipt of application by Planning Authority. **
• If damaged or illegible, the notice must be replaced. **
• Must not be concealed and located near to the main entrance.

Content of a Planning Application

• Completed application form (where applicant is a company, its address and registration number along with names of directors must be given).**
• The appropriate fee
• Plans, Drawings and Maps – 6 copies of each.

o      Must be to metric scale – Location @ 1:1250 in rural areas, 1:1000 in built-up areas, Layout @ 1:500, General @ 1:200 (some require 1:100 or other as requested). [Many areas of the country are not mapped @ 1:1250, so 1:2500 is acceptable for these areas]

o      Site boundary in red

o      Adjacent land in applicant’s control in blue **

o      Wayleaves in yellow **

o      Layout to show levels and contours **

o      Clearly distinguish new and existing in extensions/alterations

o      Overall dimensions including distance of structures from boundaries**

o      All maps must have OS sheet no. and North point.

o      Name and address of person who prepared plans

• Schedule listing the drawings (drawing 1 of 12, drawing 8 of 12 etc.). **
• The page of the newspaper containing the notice. **
• One copy of the site notice (Location plan must show the place on site where it is erected). **
• Where applicable a certificate under section 97 of the Act

Time Scales

• 2 weeks before application date

o      Place notice in newspaper

o      Erect site notice

• On receipt of planning application, the Authority must make an

o      Assessment of validity of application (no time limit, but an objective that it would be within 2 weeks of the Planning Authority receiving the application).

o      Assessment subject to site visit

• Within 5 weeks of receipt by Planning Authority

o      Observations or submissions by third parties

o      Site notice must stay in place for full period

o      Decision cannot be made by Planning Authority

• Within 8 weeks of receipt by Planning Authority

o      Decision to grant or refuse must be reached

• Within 3 days of decision

o      PA to issue copy of decision to applicant and those who have made submissions or observations.

• Within 4 weeks of date of decision

o      Any appeal to an Bord Pleanala must be lodged

• Anytime during the process

o      Application may be withdrawn by notice in writing

o      Request for further information (see below).

o      Request for revised plans (should be submitted within 4 weeks. If not submitted within 6 months, the planning application is withdrawn).

Further Information Requirements

• Can be requested during decision period
• Revised plans may be requested by Planning Authority
• Where response is ‘significant’ then

o      PA must notify all relevant bodies

o      PA must notify all those who submitted observations

o      PA must accept further observations from same persons/bodies

o      No fee is payable in respect of these second observations

o      The applicant must publish a newspaper notice. This newspaper notice must be placed within one week of submission of the further information. It must be headed with the name of the Planning Authority and marked ‘Further Information’ or ‘Revised Plans’ as appropriate and must have the name of the applicant, the address, townland or location, the register reference number, a statement that significant further information in relation to the application has been lodged and that observations may be made on payment of a fee. The time period for the submission of observations is 2 weeks from the date the notice is published.

Duration of Permission

• Generally - 5 years
• For Outline Permission – 3 years

o      Application for Consequent Permission must be made within 3 years

o      This period may be extended by application

• Housing (Part V) – in some cases – 2 years

o      Applies to applications made after 25^th August 1999

o      Applies where housing strategy not in Development Plan of the PA

o      Applies to developments not commenced AND

o      Applies to any portion of a commenced development where external walls have NOT been completed

• Period of validity of permission may be extended

o      Development must have commenced

o      Application must be made in the last year of the validity of the application

o      Time frame required must be reasonable

o      Why development was not completed on time.

• An application to further extend the period can be made and fewer particulars are required, but the applicant must show the circumstances beyond his control that has prevented the development being completed within the extended period of the permission.

Miscellaneous Provisions

• All documents held on Public File can be copied

o      New Copyright and Related Rights Act 2001

o      For information only

o      Copyright not infringed

o      Must be clearly marked ‘For Inspection Only’.

o      Declaration must be signed by person receiving copies

• There is now formal possibility for pre-planning consultations
• For time calculations the period 24^th Dec – 1^st Jan excluded
• Where PA is inclined to grant permission that is a material contravention of it’s own Development Plan, then it must publish a Prescribed Notice (34-6) in an approved newspaper

Making an Appeal

• Those eligible

o      First party, any prescribed body

o      Those who made observations

o      Exceptionally – immediate neighbours

• Fees payable

o      €150 for domestic applications

o      €380 for commercial and other applications

• Must be lodged within 4 weeks (not one month!), of decision date of PA
• No specific requirements for type of documentation

o      Covering letter must adequately describe the original application

Matters in Relation to Appeals

• The Bord may require revised plans

o      And may grant on the basis of these revised plans

• All documents available for inspection

o      During the decision period at offices of Planning Authority

o      At an Bord Pleanala for 5 years from decision date

o      Copying as for planning applications

• Notifications

o      To relevant Planning Authority

o      To those who made observations – by Planning Authority

o      In weekly planning list of Planning Authority

• Submissions or Observations

o      By any party except for referral under Section 96(5) {Social housing supply}

• Objective to make decision within 18 weeks
• The Bord may grant where development is a material contravention of the development plan
• The Bord can dismiss vexatious, frivolous or insubstantial appeals
• Procedures in relation to oral hearings largely unchanged
• Remains a specialist area – seek advice and study in detail