Planning Permission Planning permission is required whenever there are “works” to or a “material change of use” of property. “Works” include carrying on any building, engineering, mining or other operations in, under or over land. Generally, there must be a building activity. Building operations include demolition, rebuilding, structural alterations and additions to buildings. Works which affect the interior of a […]
Opinion Request A person who intends to apply for planning permission may, before making such an application, request a meeting with the planning authority or authorities in whose functional area or areas the proposed development would be situated. The legislation has not been commenced as of early 2023. A request shall be in writing, be accompanied by the appropriate fee […]
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 […]
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 […]
Compensation and the Constitution The Constitution protects property rights. Generally, compensation is required to be paid for the taking by governmental authorities of property rights. The extent to which compensation is required by the Constitution is a matter of controversy. Compensation is generally payable for direct takings of property. Where property is devalued due to zoning or the indirect effect […]