The Planning & Development Act 2000 for the first time specifies that planning authorities will be obliged to consider submissions on planning applications made by the general public. The intention of this provision is to ensure that the planning authority considers all relevant issues when making its decision on a planning application. New issues are often raised by persons who comment on an application. It is also intended to ensure that persons who made submissions are informed of the decision as of right. The aim is to focus on the planning authority as the primary forum for making planning decisions, as it is the final deciding authority for well over 90% of planning application.
This page is intended as a practical guide. It is not a definitive legal interpretation of planning law. For more information you may consult your local planning authority.
1. Can I comment on any
planning application & how long do I have to
comment?
Yes. Any person or body may make a submission or
observation in writing to a planning authority in relation to a planning
application within the period of 5 weeks beginning on the date of receipt by the authority of the planning application. A significant change with regard to the making of submissions or observations is that the person or body
making the appeal must pay the prescribed fee of €20 (euro) when making their written submission.
2. To whom do I make my comments?
You should
address all comments, in writing, to the planning authority (County Council,
County Borough or Borough Corporation or Town Council) for the area to which the application relates. If at all possible, please quote the reference number
allocated to the application by the authority.
3. How will I know about a particular
application?
An applicant for planning permission must publish
notice of the application in an approved newspaper circulating in the area (the
planning authority has a list of newspapers which it accepts for the making of a
public notice) and by erecting a site notice in a conspicuous position. An
application must be received by the planning authority within 2 weeks of the
newspaper notice or else further notice will be required. The site notice will
contain the date the site notice is erected to avoid any duplicate applications
being made while the original application is on appeal. The applicant must
erect the site notice no sooner than 2 weeks before making the planning
application to facilitate third parties in inspecting the
application.
The site notice will be inscribed on a white background. Where a second application for permission is made on the same site within six months of making a previous application, the site notice of the subsequent application must be inscribed on a yellow background. This is to make it clear to third parties that a new application is being make.
Notice of every planning application and date of receipt is on public display for 8 weeks during office hours at the planning authority's offices. Planning lists will be circulated for a small cost to residents' associations, interest groups etc.
If you think an application has been made, you can contact the planning authority about recent applications.
4. What access to planning information do I
have?
You are entitled to view, free of charge,
all documents submitted with a planning application at the planning authority's
office during office hours from the date of receipt of the application until the
decision is made on it. Internal reports on the application, prepared by or on
behalf of the planning authority, can be viewed after the planning authority
decision has been made, during the period for appeal.
Copies of any Environment Impact Statement and any extracts from such a statement can be purchased for a reasonable fee. Planning decisions are available for public inspection for the life of the permission (usually 5 years, unless extended). Many planning authorities keep older files available but charge a fee for retrieving them from their archives.
Local authority shall make available for inspection or purchase on payment of a specified fee a copy of any submissions or observations received by the authority in respect of the proposed development during office hours at the offices of the authority.
It should also be noted that the copying of maps, plans and drawings, which was previously disallowed due to difficulties with copyright, has now been addressed by the section 74 of the Copyright and related rights Act, 2000 (no. 28 of 2000). Particular arrangements will be put in place to meet the requirements of this Act.
5. What can I comment on?
The planning
authority may only consider the proper planning and development of their area
and the preservation and improvement of amenities, having regard to the
provisions of their development plan. Therefore, the authority may only consider
objections based on planning considerations and not those based on personal
dislikes or grievances, non-planning issues associated with nuisance claims or
legal disputes, etc. Although not specifically defined in the Planning Acts the
"proper planning and development" of an area will generally relate
to.
* appropriate land use (zoning),
* adherence to established planning and development practices,
* preservation, improvement and extension of amenities,
* traffic safety,
* development density, size, location etc.
The development plan for the area will give an indication of relevant planning issues.
6. What type of comments will not be
considered?
Objections which are generally not planning related
and which normally cannot be taken into account include:
If you have a complaint about any of the above, you should normally seek a remedy under civil rather than planning law. You may need to consult a solicitor about your rights in this context.
Vexatious or frivolous comments will also be disregarded.
7. Who will see my comments?
All documents
relating to an application, including your written comments, will be available
for public inspection.
8.
Will I be informed of the decision?
Yes. Anyone
who has made written comments on a planning application must be informed by the
planning authority of their decision within 3 days of making it. This will
usually be done by post; but where a large number of comments have been
received, the planning authority may issue notification by way of a public
notice in a locally circulating newspaper within 7 days. A public notice is
mandatory in the case of applications accompanied by an Environmental Impact
Statement.
9. Can I appeal against a planning
decision?
Only an applicant
for planning permission or those persons or bodies who have made a submission or
observation on a planning application when the initial application was made will
be able to appeal the decision of the Planning Authority on the application to
An Bord Pleanala.
Section 37 (6)(a) of the Planning and Development Act 2000 states that, a person who has an interest in land adjoining land in respect of which permission has been granted may, within the appropriate period and on payment of the appropriate fee, apply to the Board for leave to appeal against a decision of the planning authority under section 34 of Planning and Development Act 2000, even if a submission or observation has not been made to the planning application.
For details on the appeals process, fees, time limits. etc. see the page PL.10 Making a Planning Appeal.