Heritage Council The main function of the Heritage Council is to propose policies and priorities for the identification, protection, preservation and enhancement of the National Heritage. This includes monuments, archaeological objects, heritage objects, architectural heritage, flora, fauna, wildlife habitats, landscapes, wrecks, seascapes, heritage gardens, parks, and waterways. The Heritage Council has the power to consult with or advise a public […]
Department The Department of Housing Planning and Local Government has a central role in planning and environmental matters.The Department formulates policy in relation to planning, housing ,water services and urban renewal. It is successor to the former Department of Local Government and the Environment. It plays a central role in local government issues. The Minister/Department has important functions in relation […]
Strategic Environmental Assessment Strategic environmental assessment is required pursuant to EU directives. It is a system for the evaluation of the environmental effects of implementing plans and programs in advance of their being adopted. It is to address at a higher and more strategic level, the risks of policies which may lead to undesirable environmental outcomes or unsustainable development. The […]
Emergence of Guidelines Ministerial guidelines have played an increasing role in planning since 2000. They may be both advisory and mandatory. Guidelines may be advisory in relaition to matters to which planning and other authorities are to have regard in decision making.Some guidelines may give practical advice on implementing statutory requirements. Mandatory guidelines may be issued which must be implemented […]
Pre-Planning Consultation There are Departmental guidelines on the planning process designed to assist planning authorities and an Bord Pleanala. There are provisions for a formal planning opinion in 2022 legislation, which has not been commenced as of January 2023. Pre-application consultation is permitted and encouraged. The planning authority need not enter them. The authority advises in relation to procedures and […]
Development Plan and Material Contravention The Planning Authority may not generally grant permission inconsistent with its development plan. For example, if the development plan only permits the use of land for agricultural or recreational uses, an application for commercial or residential development must be refused. There is a procedure by which a planning authority may grant planning permission in contravention […]
Planning Permissions Planning permission does not give permission to do that which is not otherwise lawful. A planning permission is required to comply with the requirements of planning legislation, only. It may be necessary, for example, to obtain property rights, modification of restrictive covenants, environmental licences and other statutory consents in order to undertake the development. A planning permission is […]
Planning Obligations in Development Generally, planning obligations are imposed through conditions in the planning permission. There may be social and affordable housing conditions and conditions relating to a range of other issues relevant to the development. Planning obligations are usually the means of providing a public benefit which the Planning Authority deems necessary as a package in granting the planning […]
Duration A planning permission generally has a life of five years. Conditions may be imposed, providing a different longer or shorter duration. Retention permission is not limited to five years. Permissions are also permitted for a limited period or for temporary planning permission. Once planning permission expires, it is no longer effective. The rights to undertake development permitted by it […]
The Appeal Both the applicant for planning permission and persons who have made observations on the application may appeal to An Bord Pleanála (the Board). Where a person has not made observations but holds adjoining land, which is affected by a condition imposed outside the scope of the original application, he may apply for leave to appeal. There is four […]
Housing Strategies As set out in other sections, local authorities must prepare a housing strategy for their area. Its policies and objectives must be incorporated in the development plan. The housing strategy incorporates the social and affordable housing provisions in the Planning and Development Act 2000 as amended. Planning authorities are obliged to estimate present and future housing demand within […]
Role of Board Under the Local Government (Planning and Development) Act 1963 there was an appeal from decisions of planning authorities to the Department/Minister for Local Government. The Local Government (Planning and Development) Act 1976 provided for the establishment of an Bord Pleanala as an independent body to determine planning appeals. The remit of the Board has been increased substantially […]
Planning Judicial Review Planning decisions of the planning authority and An Bord Pleanana are subject to Judicial Review. This is the general procedure for challenging the legality of decisions of the administration. See the chapter on Judicial Review in our Administrative Law section. Because of the importance of planning permissions decisions in the context of land values, reviews of planning […]
Overview There are a number of methods by which planning law is enforced. Different types of enforcement proceedings may be taken simultaneously by the planning authority. The planning authority can serve warning notices and enforcement notices. Failure to comply can be the subject of District Court proceedings, leading prospectively to significant daily penalties. High Court and Circuit Court injunctions may […]
Investigative Powers An enforcement notice may issue on foot of an investigation by the planning authority. This may be derived from its own enforcement activities or on foot of a complaint. There will usually be a prior warning letter. Authorised officers of planning authorities have powers to enter land and property for the purpose of enforcing planning legislation. They may […]
Enforcement by Injunction It is possible for any person whatsoever (including the local authority) to apply to the High Court or Circuit Court for an Order to restrain and prevent a breach of planning permission. The application is often made by neighbouring owners affected by unlawful development. The application may be bought by any person; the applicant need not be […]
Short Term Lets An Bord Pleanala decided in a number of applications that the use on a continuous basis of a residential apartment for short term lets constituted a material change of use. The Department of Housing Planning and Local Government issued a number of Circulars emphasising that such use requires planning permission. The use of a house or part […]
Overview There are special provisions applicable to quarries under planning law. Quarries can have severe effects by way of noise and traffic on surrounding properties. They also have a very direct impact on the environment. A quarry is an excavation or a system of excavations for the purpose of or in connection with obtaining minerals products or minerals not being […]
Adopting a Road A road may be declared a public road. A right-of-way must exist for the benefit of the public. The local authority must consider the public utility in adopting and declaring the road in charge. It must consider the financial implications of so doing. The authority publishes notice of the proposal in a newspaper giving certain details. The […]
Commercial to Residential Certain commercial premises can be changed to residential use subject to conditions. This includes shops, offices including premises used for professional and financial services (other than health and medical services) and certain other services, residential club, guest houses and hostels. The premises must have been completed before 8 February 2018 and used for one of the purposes […]