To obtain planning permission you must make a planning application to your local planning authority. If your application is incomplete it may be returned to you as invalid. Your application cannot be finalised until you submit the required information in full. This leaflet will help you complete a planning application form and avoid unnecessary delays.
This leaflet 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 .Where do I apply for planning permission?
To the planning authority for your area i.e. the County Council, County Borough or Borough Corporation or Town Council.
2. Requirement to obtain planning permission
If you want to develop land, you will require planning permission unless the development is specifically exempt from the requirement. Permission must be obtained for (a) the carrying out of any works on, in, over or under land or structures or (b) the making of a material change of use of land or structures subject to certain exemptions which are listed in Section 4 of the Planning and Development Act 2000 and Part 2 of the Planning and Development Regulations 2001.
3. Are there different types of permissions?
Yes. There are three types of planning permissions. An application may be made for:
Permission: For development of land including erecting or retention of any structure on land - this means that detailed plans and full particulars are submitted at the outset without applying for outline permission first.
Outline Permission: This would apply where you may wish to ascertain whether or not planning permission would be granted for a particular development, but would be reluctant to go to the expense of having detailed plans drawn up. Where a County Council or Local Authority grant outline permission, it means that they agree with your proposal in principle but it does not permit you to carry out any work.
An outline permission may not be made for permission for;
(a) retention of a development
(b)
development which would consist of or comprise the carrying out of works
to
a protected structure or a proposed
protected structure
(c) development which comprises or is for the
purposes of an activity requiring an
integrated pollution control licence or a waste
licence.
(d) requiring an Environmental Impact
Statement as per Article, 96 of
Planning and Development Regulations 2001.
Permission consequent on the Grant of Outline Permission: If you have already obtained outline permission, you will have to submit exact details and drawings with your application for permission consequent on the grant of outline permission.
5. Can I get advice from the planning authority?
Yes. Advice and guidance is available from the planning authority to help you make your planning application. For example, the staff there will clarify:
whether your proposals are likely to comply with the planning authority's development plan and design standards,
the documents (and the number of copies) required with the application and the amount of detail needed,
what fee should be paid,
public notice requirements,
The larger the development, the greater is the need for prior consultation.
6. Can I make pre-planning Enquiries:
Prior to making a planning application, it is advisable to consult with the Planning Authority regarding house design, water supply and sewage facilities etc. Applicants are encouraged to submit written pre-planning enquiries to the Planning Authority for any major developments proposed.
7. Who can make a planning application?
You must have a sufficient legal interest in the site or property to carry out the proposed development, or the written consent of the person who has that legal interest. If a planning application is made by a prospective purchaser or tenant, the owner's written consent should be enclosed with the application.
8. What is the Content of a Planning Application?
A revised planning application form has now been prepared by Councils in order to comply with the changes in the Planning Regulations. It is vitally important that all relevant sections/parts of the application form are completed and submitted with your planning application.
Thus your planning application shall -
(a) state whether the application is for
(b) state the
name and address, and telephone number and e-mail address
of
the applicant and of the person, if any, acting on behalf of the applicant,
and
indicate the address to which any correspondence relating to the
application
should be sent. Where an applicant is a Company registered under
the
Companies Acts, 1963 to 1999, state the names of the Company
directors
and the address of the registered office of the Company and the
registration
number of the company.
(c) state the
location and town land or postal address of the land or
structure
concerned, (as it may be appropriate)
(d) state the
legal interest of the applicant in the land or structure. If the
applicant
is not the owner, the name and address of the owner of the land must
be
stated and your application should be accompanied by a letter from
the
landowner consenting to the making of the planning application.
(e)
state the area of the land to which the application relates and, where
the
application relates to a building or buildings, -
(i) the gross floor space of any existing building or
buildings and of
the
proposed works, and, (ii) the number of houses (if any) to be
provided,
(f) indicate if the development comprises or is
for the purposes of an activity
in
relation to which an integrated pollution control licence or a waste licence
is
required,
(g) indicate
if the development consists of or comprises the carrying out of
works
to a
protected structure or proposed protected structure, and
(h) in
the case of an application for permission for the development, to
which
section 96 of the Act (Social and Affordable Housing) applies, specify
how
the applicant proposes to comply with a condition referred to in
sub-section
(2) of that section to which the permission, if granted, would be
subject.
9. What documentation is to accompany a Planning Application?
A planning application shall be accompanied by the following documentation in addition to the completed and signed planning application form -:
(a) Two
copies of the relevant page of the newspaper in which notice of
the
application has been published (one original full page and a copy of
same).
Please ensure that the newspaper notice complies with the Section 12
of
Guidance notes.
(b) One
copy of the site notice erected or fixed on the land or structure
(two
where appropriate). Please ensure that the Site Notice complies with
the
Section 13 of these Guidance notes.
(c) Six
copies of the site location map of sufficient size and containing details
of
features in the vicinity such as to permit the identification of the site to
which
the
application relates, to a scale of not less than 1 : 1000 in built up
areas
and 1:2500 in all other areas (which shall be identified thereon). The
site
shall
be marked so as to identify clearly the land or structure to which
the
application relates and the boundaries thereof in red, any land which
adjoins,
abuts or is adjacent to the land to be developed and which is under
the
control of the applicant or the person who owns the land which is
the
subject of the application in blue and any wayleaves in yellow,
(d) A
plan showing the position of a site notice or notices affixed to the land
or
structure
(e) Six copies
of the documents, particulars, plans, drawings and maps
referred
to in the section hereunder and a schedule listing such plans, drawings
and
maps. Where the application is for a large or complex
development,
additional copies of any documentation may be requested, in writing, by
the
Planning Authority.
(f) If
the proposed source of the water supply to serve the development
is
from a Group
Water Supply Scheme, the applicant must submit
a
certificate
from the Secretary of the Group Water Supply Scheme stating
that
a
connection to service the proposed development can be made and that
the
mains can be
extended if required.
(g) Where appropriate, a certificate issued by the planning
authority
in
accordance with section 97 (Social and Affordable Housing) of the Act, or
if
such certificate has been applied for but not issued, a copy of the
application
made
in accordance with Article 48 of the Planning and
Development
Regulations 2001, and
(h) The
appropriate fee as set out in Section (b) of these Guidance
Notes.
Cash should not be submitted by post.
(i) If
improvement works have to be carried out to the proposed site entrance
to
achieve
adequate sight lines, it is necessary to show these improvements on
a
site
layout plan / map and to submit a letter of consent from
relevant
landowners for any proposed improvements outside the site boundary. If
a
site does not adjoin the public road, please submit documentary evidence
of
right of way.
(k) You
are advised that if your proposal involves the installation of a septic
tank
that this should be in accordance with the NSAI publication, SR6 of
1991
and in accordance with the Environmental Protection Agency
Guidelines.
Where either site conditions or the known quality of the adjacent
ground
indicate that the site may not be capable of treating or disposing of
septic
tank effluent, it would assist in processing your planning application if
tests
were carried out by a suitably qualified technical consultant, the
certified
results were submitted with your application and where the test
results
indicate failure, proposals for site improvement or alternative
treatment
system should be
submitted.
Where
a proprietary system of effluent treatment is proposed, it should
be
approved by the Irish Agreement Board and detailed design
calculations,
construction details, effluent disposal method, adequacy of receiving
medium
and long-term maintenance proposals should be submitted.
(l) If
the site lies within a National Heritage Area (NHA), a Special Area
of
Conservation (SAC) or Special Protection Area for Birds (SPA),
an
assessment of the ecological impact of the proposed development should
be
submitted with application. The Sites and Monument Record,
Natural
Heritage area of Conservation designations can be inspected in the
Offices
of the relevant Council, and in local libraries during normal office
hours.
(m) If the
landowner is willing to enter a Section 47 Agreement in
respect
of the sterlisation of remainder of the landholding, a letter of
consent
from the landowner should be submitted.
10. How do I make an Application for a Material Change of Use?
A planning application for any development consisting of or mainly consisting of the making of any material change in the use of any structure or other land, or for the retention of any such material change of use, shall be accompanied by :
(i) a
statement of the existing use and of the use of the proposed together
with
particulars of the nature and extent of any such proposed use,
(ii)
where the development to which the application relates comprises
the
carrying out of works on, in, over or under the structure or other land,
6
copies of such plans (including a site or layout plan and drawings of
floor
plans, elevations and sections which comply with the requirements
listed
above)
11. Requirements for plans, drawings, maps referred to above
The six copies of plans, drawings and maps accompanying a planning application shall be in metric scale and comply with the following requirements:
(a) Site or layout plans shall
be drawn to a scale of not less than 1:500(which
shall
be indicated
thereon). All other plans, elevations and sections shall be drawn
to
a scale of not less than
1:200(which shall be indicated thereon), or such
other
scale as may be agreed with
the Planning Authority.
The site
boundary shall be clearly delineated in red. All buildings,
roads,
boundaries, septic tanks
and percolation areas, bored wells, significant
tree
stands and other features, on
adjoining or in the vicinity of the land or
structure
to which the application
relates shall be shown. Land which adjoins, abuts
or
is adjacent to the land to be
developed and which is under the control of
the
applicant or the person who
own the land which is the subject of the
application
shall be outlined in
blue and wayleaves shall be shown in yellow.
(b) The site layout plan and
other plans shall show the level or contours,
where
applicable, of the land and
the proposed structures relative to
Ordnance
Survey datum or a temporary
local benchmark.
(c) Drawings of elevations of
any proposed structure shall show the main
features
of any buildings which
would be contiguous to the proposed structure if it
were
erected, whether on the
application site or in the vicinity, at a scale of not
less
than 1:200.
(d) Plans relating to works
comprising reconstruction, alteration or extension of
a
structure shall be so
marked or coloured as to distinguish between the
existing
structure and the
proposed works.
(e) Plans and drawings of floor
plans, elevations and sections shall indicate
in
figures the principle
dimensions (including overall height and finished floor
level)
of any proposed structure
and the site. The site or layout plans shall
indicate
the distances of any such
structure from the boundaries of the site.
(f) Any map or plan which is
based on an Ordnance Survey map shall indicate
the
relevant ordnance Survey sheet
number.
(g) The north point shall be
indicated on all maps and plans other than drawings
of
elevations and
sections.
(h) All plans and drawings shall
indicate the name and address of the person
by
whom they were
prepared.
(i) A planning application for
development consisting of or comprising
the
carrying out of works to
a protected structure, or proposed protected
structure
or to the exterior of a
structure which is located within a
Architectural
Conservation Area or
an area specified as an architectural conservation area
in
a Draft Development Plan or a
proposed variation of a Development
Plan,
shall, in addition to
meeting the above requirements be accompanied by
such
photographs, plans and other
particulars as are necessary to show how
the
development would affect
the character of the structure.
(j) In addition to the above
requirements, the Planning Authority may request
an
an application to provide a
scale model of a proposed development,
showing
the elevations and
perspective of the proposed development.
12. Can I get help in filling in the form?
Planning application forms come with explanatory notes. You should read these carefully before completing the form. The planning authority can give you advice. You can also get an agent (e.g. a planning consultant, engineer, architect) to make the application on your behalf. The application form may be signed either by the applicant (you) or your agent.
13. How much will my application cost?
A fee is payable with the planning application. The amount of the fee depends on the type of development proposed and the type of permission being sought e.g. a flat rate fee is payable for an application to construct a new house while fees for commercial developments are based on floor area. Reduced rates apply to applications for outline permission and grant of planning permission consequent on grant of outline permission and a refund of fees may arise for certain repeat applications. The fees for applications for permission to retain unauthorised development are 50% greater than the normal fee. Full details of fees are given in the explanatory notes to the application form.
In addition to the fee payable at the time of application, it may be a condition of planning permission that a development contribution be paid to the planning authority towards the cost of infrastructure (e.g. roads, water supply, sewerage and community/recreational facilities) which facilitates your development. Development contributions differ from place to place and for different types of development. They are separate from any fees that may be payable for connection to services such as water and sewerage. You can ask the planning authority for details.
14. What documentation do I need to submit?
The documents needed with your application will depend on the type of development. They will need to show, clearly and in sufficient detail, your development proposals, what the development will look like when finished, how it will relate to the site and to adjoining structures and property etc. If you are installing a septic tank, you may need to submit trial hole and percolation test results. Or, if you are applying for certain types of agricultural development, you may need to submit signed agreements with landowners in regard to effluent spreading. The planning authority can clarify the documents and detail needed.
In general, however, you must always submit:
* Location map (scale not less than 1 : 1000 in
built up areas and
1 : 2500 in all
other areas)
* Site or layout plan (scale not less than 1 : 500)
* Other plans and elevations (scale not
less than 1 : 200)
(not required for outline
permission)
* Copies of public notices;
* Appropriate fee.
6 copies of plans and maps are needed.
15. What should a location map show?
* the land concerned and location of proposed structures, with the site boundary shown in colour,
* other land in the vicinity of the proposed development and which is in the ownership of the applicant or landowner marked or coloured separately,
* the Ordnance Survey sheet number of the map,
* the north point and scale of the map,
* the name and address of the person by whom it was prepared.
16. What should a site or layout plan show?
* proposed and existing buildings, structures and works;
* proposals for reconstruction, alteration or extension must be clearly marked or coloured to distinguish them from existing structures,
* buildings, roads, boundaries, septic tanks,
percolation areas, bored wells, significant
tree stands
and other features on, adjoining or in the vicinity of the land or
structure
to which the application relates,
* approximate height of ground floor above or below adjoining road levels,
* existing and proposed water supply and sewage disposal systems,
* existing and proposed accesses, clearly
distinguished from each other, on to public
roads,
* levels and contours, where applicable of the
land and the proposed structure relative
to Ordnance Survey
Datum.
17. What about other plans and drawings?
These must include the floor plans, elevations and sections of proposed structures, giving in figures the principal dimensions, including overall height. Elevations must include the main features, such as window patterns, roof slopes, materials of construction, finishes, colours, etc of existing and proposed structures and of any adjoining buildings. These documents must also show the name and address of the person by whom they were prepared. Drawings of elevations of any proposed structure shall show the main features of any buildings which would be contiguous to the proposed structure if it were erected whether on the application site or in the vicinity.
18. What public notice must I give?
You must give a public notice of your proposals prior to making an application. This must be done both
* by a notice in a locally circulating newspaper (the planning authority has a list of newspapers which it accepts), and
* by erecting a site notice, which must be on a durable material, erected in a conspicuous position on the land or structure, so that it can be clearly read from outside,
* by position of site notice erected for public information,
* by the Ordnance Survey sheet number
* by the north point and scale of the map,
* by the name and address of the person by whom it was prepared.
19. What needs to be in the newspaper and site notices?
These must identify the name of the person applying for permission, the type of permission applied for and specify the nature and extent of the proposed development. Full details of the information to be contained in the notices are given in the explanatory notes to the application forms. Sample notices are also available from planning authorities.
20. How accurate must the notices be?
You must ensure that your public notices are unambiguous and accurate. If they are not, or if the planning authority (or An Bord Pleanala on appeal) consider the notices misleading or inadequate for public information, you will be asked to publish and/or erect a further notice. The planning authority will ask you to erect a notice if one has not been put up or is missing when the site is inspected. This will delay your application.
21. Must I give the planning authority copies of my notices?
Article 22, Section 2 (a), states that the relevant page of the newspaper and a copy of the site notice must be given. The date of erection of the site notice should be on the site notice.
22. When must the notice be given?
Applications must be received within 14 days of publication of a newspaper notice date of publication being considered as day one. A site notice must be put up on or before the day you make your application and be kept in position, in a legible condition, for at least 5 weeks after its submission. Otherwise, further notice will be required.
23. Before sending in your application ask yourself :
* Do I need to ask the planning authority for advice on my proposal or on making the application?
* Am I making the correct type of application i.e. for permission, outline permission or permission consequent on the grant of outline permission?
* Have I completed the correct application form?
* Have I enclosed all the correct documentation, with the required amount of detail and the correct number of copies?
* Have I paid the correct fee?
* Is my newspaper notice adequate, in the right paper and within the time limit?
* Is my site notice adequate, sited correctly and legible?
* Have I included all necessary information (e.g. do I need to include results of percolation tests for a septic tank/propriety wastewater treatment system)?
* Have I (or my agent) signed the form?
* Do I need to meet any other non-planning requirements? (e.g. fire safety certificate under the building regulations, consent to connect to a public sewer, etc)?
A quick run through these questions will help ensure your application is complete. Unnecessary delays should then be avoided.
The law governing the planning system is set out in the Local Government (Planning and Development) Acts, 1963 to 1993 and the Local Government (Planning and Development) Regulations, 1994 and 1995, Planning and Development Act 2000 and the Planning and Development Regulations 2001. These may be purchased from the Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin 2, Telephone (01) 661 3111.