Planning Application
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 requirements as well as the impact of the development plan on prospective applications. Minutes are to be kept and retained on file.
Certain key information is required, including in particular
- a description of the proposed development
- an indication as to whether it is in accordance with the development plan objectives, whether there are key designs, are other issues to be addressed
- whether further specialist advice is required
- whether a retail impact assessment, environmental impact assessment, appropriate assessment and/or screening is required or necessary
- whether other non-statutory assessments, such as with other Departments, are required.
Pre-application meetings may be between a particular individual and the planning officials or may be part of regular scheduled meetings by which potential applicants can call by appointment. In the latter case, the planning authority is to publicise the time and locations of such meetings.
Housing Proposals
There is a Departmental circular in relation to housing proposals which gives significant levels of detail as to what might be required by way of infrastructure and facilities. The application must set out its proposals for implementing the Council’s housing strategy.
The planning authority may consult in relation to design, density and other important issues.
The Minister may prescribe fees for pre-application consultations with the planning authority.
The number of housing units, where applicable, should be stated. Where the development requires an integrated pollution control licence or a waste licence, this should be stated. Where the application requires an environmental impact statement or may have an effect on a European site so that a NATURA impact statement is required, this must be stated.
The 2018 Act requires a pre-planning meeting for proposals greater than ten dwellings or 1,000 sqm. Once requested, the planning authority has four weeks (or an additional period that can be agreed upon with the applicant) within which to organise the pre-planning meeting. Should the authority not conform with this deadline, the applicant can lodge the planning application following the expiration of the 4-week window.
Notice & Advert
The Planning and Development Regulations set out the procedures for applying for planning permission. It is possible to obtain planning permission only in accordance with the prescribed procedures. A letter or confirmation by the planning authority or planning officer is not sufficient. There are separate authorisations in the planning code, which each have their own application and procedural rules.
The application rules are designed to ensure that certain minimum publicity is given for the planning application so that interested persons can make observations and objections. The planning authority makes its decision in light of the application and observations and objections made by third parties.
The notice must be given by way of advertisement in a newspaper and a site notice. The public notice must contain certain details, including the name of the applicant and the location or address. There are similar but slightly different requirements for the newspaper and site notice.
There is a list of approved newspapers for the advertisement. The newspaper must be national or must have a sufficiently large circulation in the area. The advertisement must be published within two weeks before the application is lodged. The newspaper notice itself must be included in the application as proof of publication.
The planning authority draws up a list of newspapers which have sufficient circulation in its area for the purposes of planning applications. In the period of two weeks prior to the application, the applicant must publish a notice in an approved paper giving specified information.
Notice Contents
The public notice should set out
- name of the applicant
- location of the proposed development
- whether for permission retention or outline permission
- description of the nature and extent of the development.
- that the application may be inspected at the offices of the planning authority and
- that a submission observation may be made in writing and payment of the prescribed fee.
The number of housing units, where applicable, should be stated. Where the development requires an integrated pollution control licence or a waste licence, this should be stated. Where the application requires an environmental impact statement or may have an effect on an EU European site so that a NATURA impact statement is required, this must be stated.
Site Notice
The site notice must be fixed in a conspicuous place, usually at or near the principal entrance to the premises. It must be fixed securely. Where there are several entrances, it must be affixed at each such entrance, adjoining a public road. It must be visible and legible by persons using the road and must not be concealed. Where the premises does not adjoin a public road, the site notice must be put on the land or structure so to be visible and legible by persons outside the land.
The planning authority may require a further site notice(s). The planning permission may be found void if the relevant notices are not published and erected in accordance with the Regulations. Where a new application is made within six months of the previous application in respect of the same premises, the site notice must be on a yellow background.
The local authority can require further public notice when it receives further information, plans, drawings and revisions with significant extra information. It can require the publication of the information in a newspaper with a heading referring to further or revised information.
Failure to comply with the regulations may make the application invalid. This may happen where the notice is removed or is not in place for the full five-week period from the date of application.
The following information is required for the notices (although their requirements are different): name of the applicant, address of the place concerned, details of the nature of the application (e.g. planning permission, retention permission, outline permission) and details, nature and extent of the development.
Where there is an environmental impact assessment, this must be stated to be available for inspection. Particulars of where submissions or observations may be made to the planning authority, the planning fee and confirmation that the period runs for five weeks from the date of receipt of the application must be set out.
The site notice is required to be in place for the first five weeks after the lodgement of the planning application. It must be in the format set out in regulations. It must be erected in a conspicuous place at or near the main entrance to the land or structure from a public road.
Where the land or structure concerned is not on a public road, the site notice must be erected in a conspicuous position on the land or structure. It must be easily visible and legible by persons outside the land or structure. It must not be obscured or concealed. Where there are several entrances, a notice must be erected near each entrance so as to be visible and legible from the road.
The Application Content
The contents of the application are laid down in detail by law. The application form itself repeats most of the information of the site notice together with further particulars and details. The application must include copies of the public notices, including the newspaper page. Multiple copies of the application and drawings are required, usually, five to six must be lodged.
Certain applications require an environmental impact assessment. See the environmental section of this website.
The applicant must set out his “interest” in the premises, the subject of the application. He, she or it must have the ownership rights or permission of the owner necessary to undertake the relevant development. Alternatively, he must have permission from the owner to undertake the application. It is not possible to apply for planning permission in relation to some other person’s land without that person’s consent.
The proposed development, the subject of the application, must be described in documents, particulars, plans, drawings and maps. Detailed drawings to specified scales, showing certain perspectives and elevations, are required. There are requirements to show the proposed development relative to existing structures. The location of the development must be shown on an original Ordnance Survey map. A written statement of the proposal must be submitted.
Once lodged, the planning authority considers whether the application has been validly lodged in accordance with the regulations. If not, it may reject the application. The date of lodgement is important because it marks the commencement of the time limits in which the planning authority must make its decision.
A planning permission may be found invalid if it later emerges that there has been a serious breach of the planning application rules. If the application is not compliant, it may be later invalided by a court, even if it is accepted by the Planning Authority. This does not apply to breaches which are immaterial.
Accompanying Documents
The application for permission must be accompanied by
- The relevant newspaper, including the date and title
- six copies of the site location plan
- details of wastewater discharged to an on-site treatment system where applicable
- site layout plan
- plan sections elevations and particulars
- Statement to comply with housing strategy where applicable
- environmental impact statement where applicable
- particulars specific to works to a protected structure or with an architectural conservation area
Plans & Drawings
The form of planning application is prescribed and seeks various information. Some parts may not be relevant to the particular application. Maps, plans and drawings are required for a planning permission application. They must conform to certain criteria and contain a detailed description of the proposed development. The scale should be 1 to 1000 in a built-up area and 1 to 500 in other cases unless otherwise agreed.
The map must clearly identify the land or structure concerned, show the boundaries and show adjoining land under the control of the applicant or a landowner, and indicate the position of the site notice.
Generally, six copies of the site plan, the plans drawings and elevations describing the development must be submitted.
The site layout plan must be of a scale of not less than 1 to 500 or as otherwise agreed, show the site boundary and certain other features distinctly. Other plans elevations and sections must be of not less than 1 to 200 unless otherwise agreed. The site layout and other plans must show the levels and contours relative to Ordnance Survey datum.
Elevations for the structure must show the main features of the buildings which adjoin the proposed structure or any buildings within the curtilage which would be materially affected by the proposed development, whether on the site or vicinity, at a scale of not less than 1 to 200.
Plans comprising reconstruction, alteration or extension must be coloured to distinguish between the existing structure and the works as proposed. Plans drawings and floor plans elevations and sections must indicate in figures the principal dimensions of structures, including height. The distances from boundaries must be specified.
The planning authority may, by notice in writing require further and additional copies of any plans, drawings maps, photographs and other material accompanying the application. A wide range of further information may also be sought, in particular for one-off houses which require a particular connection with the locality.
Where wastewater disposal is other than through the public sewer, there must be information on the on-site treatment system and evidence as to the suitability of the site for the system. Where social and affordable housing is required to comply with the development plan. Part V compliance proposals must be included.
Application Procedure
Planning authorities publish weekly lists of applications received and decided whether by permission or refusal. The list is to contain certain prescribed information.
The planning authority is obliged to notify certain prescribed bodies of the application. These are both public and certain other bodies and organisations. These bodies may make observations and submissions on the application.
Particular types of bodies must be consulted in relation to particular types of projects relevant to their remit. There is a long list of special consultation bodies with reference to particular types of planning applications.
The planning authority is to give notice as soon as reasonably possible after the receipt of an application. It must give certain information after receipt of an application.
Publication
The planning documents must be available at the Planning Authority’s public offices for inspection or, in some cases, for purchase. Copies of the observations will also be available. Planning authorities must publish a weekly list of applications, which are to be made available in various places, including on the internet. The purpose is to allow the public to consider and make observations in relation to applications.
The planning authority is authorised to display planning application documents on its website. Private information such as telephone numbers, email addresses do not have to be published.
When a planning decides to grant planning permission, it must make copies of the application, observations, and internal reports (including those prepared for the authority, such as by the planning inspector) and a copy of the decision and observations available for inspection.
Observations
Any person, on payment of a fee, may make a submission or observation to the planning authority within five weeks of the application. An observation is often referred to as an objection, but this is not a strictly correct description. Submissions outside the five weeks or without payment of the fees cannot be considered.
An observation must have certain details, including the name and address, telephone number and address for correspondence of the person who makes the observation. Generally, an appeal to An Bord Pleanala can only be taken by a person who has made a valid observation or submission in writing at the planning application stage. The acknowledgement of the observations by the planning authority should be included.
The Planning Authority must take account of any observations in making its decision. This does not mean that it must act on observation; it may choose to disregard it. In practice, the existence or otherwise of positive or negative support, objections or comments are a consideration and will have a bearing on the likelihood of permission or refusal.
Where a request for further information elicits a response which changes the original proposals to such an extent that it requires new notices, further new observations/objections may be raised.
Further Information
The local authority can require further information from the applicant. This may include further detailed plans or drawings or evidence of such matters as the planning authority requires. The request is made in writing. The request must be made within eight weeks of the receipt of a planning application. The request stops time for the planning authority so that a default planning permission does not issue. In effect, the planning authority must grant, refuse or request further information within the set period.
The information sought must be necessary to clarify the application. The planning authority may make one request only, and the information sought must be reasonably necessary to clarify the application. Any subsequent request for further information must clarify matters dealt with in the applicant’s response. It may only clarify the original response.
If the request for further information request is not complied with, the planning application is deemed withdrawn six months after the date of the request. The planning authority should not request further information as a means of extending time.
A Planning Authority may invite a revised plan or drawing, where it is inclined to grant planning permission, for a modified proposal, but not for that applied for.
A further public notice can be required in the event that the drawings are significantly different. Strictly the planning authority should obtain consent to the extension of time in this situation.