Planning Application
Publicity I
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 objection 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, 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 the two weeks before the application is lodged. The newspaper notice itself must be included in the application as proof of publication.
Publicity II
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 is 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 where 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 the 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 Application I
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 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.
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.
The planning documents must be available at the Planning Authority’s public offices for inspection or, in some case, 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.
The Application II
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 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 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 ore refusal.
When a planning decides to grant planning permission, it must make copies of the application, observations, 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.
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 of the drawings are significantly different. Strictly the planning authority should obtain consent to the extension of time in this situation.
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 recreation 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 of its development plans. Due to the perceived abuses, in the 1980s the material contravention procedure was tightened considerably. Notice of the intention of the planning authority to consider a planning permission in material contravention of its plan must be published. Notice must also be given to certain parties, including those who make observations in relation to the development plan.
The planning authority must consider the observations made. A resolution of the Councillors, requiring the decision to grant permission, must be passed. At least two thirds (formerly three quarters) of the total number of the councillors, must vote in its favour. This majority is also required for amendments to the draft development plan.
The elected members of Local Authorities (the Councillors) have a general powers to direct the County Manager (the executive part of the Council) specified acts which would otherwise be within the remit of the executive, including grthe ant of planning permission. If the County Manager is of the opinion, that a direction would materially contravene the development plan, he must give this opinion. In this case, the matter must be dealt up in accordance with the material contravention procedure.
Unlike the case in England and Wales, the elected members have limited involvement in deciding on individual planning applications. Decisions on planning permission applications are adjudicated upon by the executive side of the local authority. They are made by the officers within the planning department, and are formally adopted as executive decisions of the Local Authority to grant planning permission.
Determination
A decision on the planning application must be given to the applicant and other persons who have made observations, within three working days of the decision. It must state certain matters, including the right to appeal An Bord Pleanála within four weeks beginning on the date of the decision. The decision must state the reasons and considerations for the decision. Generally t,he reasons are given in standardised, minimal and formulaic terms and do not necessarily did give substantial information.
Where the planning decision is different from the recommendation of the planning inspector’s reports, the statement of reasons must give the main reasons for not accepting the recommendation. The duty to give reasons might be fulfilled by referring to the inspector’s report.
Where planning permissions are granted subject to conditions, reasons are given for each condition. They tend to be in short formulaic terms.
Time Frame
The planning authority may not decide the application earlier than five weeks after receipt. This period is extended where further information is required. The planning decision, to grant, refuse or seek further information must be granted within eight weeks or a default planning permission may issue.
Formerly, there was deemed to be a planning permission on the terms of the application without conditions. Following amendments in 2010 amendments, further provisions apply. See the section on planning decisions.
In practice, a default planning permission is very rare. If the planning authority fails to make a decision within the period and the relevant further conditions apply, it will be deemed to have granted a default permission. In practice, it will be generally necessary to go to Court for an Order that a default permission has issued. The courts will insist on strict compliance with the terms of the legislation. It may not breach the Development Plan.
A request for information stops the time running. Time begins to run again, only when the request has been complied with. Time generally begins to run four weeks after the date the request for further information has been complied with.
There is a general obligation to deal with appeals to An Bord Pleanála, within a period of 18 weeks. However, this period may be extended where the An Bord Pleanála believes it is not appropriate or possible to determine the appeal within the prescribed time. An Bord Pleanála is obliged to notify the parties to the appeal within the period, that it will not be possible to determine it, within that time and specify the when it intends to render the decision.
Where an appeal is made to An Bord Pleanála the planning authority must forward the information relation to the appeal to An Bord Pleanála.
Not all appeal hearings are heard in relation to planning applications at the planning authorities staged. In contrast,there may be an oral hearing in relation to Bord Pleanála at Bord Pleanála stage.
Further Information
Where a planning authority, within 8 weeks of the receipt of a planning application, serves notice requiring the applicant to give to the authority further information or to produce evidence in respect of the application, the authority shall make its decision on the application within 4 weeks of the notice being complied with, or if in relation to further information given or evidence produced in compliance with the notice, the planning authority—
- considers that it contains significant additional data which requires the publication of a notice by the applicant in accordance with the permission regulations, and
- gives notice accordingly to the applicant,
within 4 weeks beginning on the day on which notice of that publication is given by the applicant to the planning authority.
Where, in the case of a planning application accompanied by an environmental impact statement or a Natura impact statement, a planning authority serves the above notice the authority shall make its decision within 8 weeks of the notice being complied with, or if in relation to further information given or evidence produced in compliance with the notice, the planning authority—
- considers that it contains significant additional data which requires the publication of a notice by the applicant in accordance with the permission regulations, and
- gives notice accordingly to the applicant,
within 8 weeks beginning on the day on which notice of that publication is given by the applicant to the planning authority.
Default In Decision I
Where a planning authority has failed to make a decision in relation to an application within the period specified and becomes aware, whether through notification by the applicant or otherwise, that it has so failed, the authority shall proceed to make the decision notwithstanding that the first period has expired. Where a planning authority fails to make a decision within the first period, it shall pay the appropriate sum to the applicant.
Where a planning authority fails to make a decision within a period of 12 weeks after the expiry of the first period a deemed decision of the planning authority to grant the permission shall be regarded as having been given on the last day of that period of 12 weeks.
Any person, who has made submissions or observations in writing in relation to the planning application to the planning authority, may at any time within the period of 4 weeks after the expiry of the period of 12 weeks appeal the deemed decision.
The above provisions do not apply where there is a requirement to carry out an environmental impact assessment, a determination whether an environmental impact assessment is required, or an appropriate assessment, in respect of the development relating to which the authority has failed to make a decision.
Default In Decision I
Default decisions are not applicable to developments requiring an Environmental Impact Assessment or Habitats Directive Assessment. Retention permission is no longer permissible for developments requiring EIA or Habitats Directive assessment. Instead, a special consent procedure applies.
Where the planning authority has failed to make a decision in relation to development where an environmental impact assessment, a determination whether an environmental impact assessment is required, or an appropriate assessment is required within the first period and becomes aware, whether through notification by the applicant or otherwise, that it has so failed—
- the authority shall proceed to make the decision notwithstanding that the first period has expired,
- where a planning authority fails to make a decision within the first period, it shall pay the appropriate sum to the applicant,
- provided that no notice under paragraph (b) or (c) was served on the applicant prior to the expiry of the first period, where a planning authority proceeds to make a decision under clause (I) in relation to an application, it may serve notice on the applicant, requiring the applicant to give to the authority further information or to produce evidence in respect of the application under paragraph (b) or (c), and paragraph (b) or (c) shall apply to such notice subject to any necessary modifications,
- subject to service of a notice under paragraph (b) or (c) in accordance with clause (III), where a planning authority fails to make a decision before the expiry of the period of 12 weeks beginning on the day immediately after the day on which the first period expires, the authority shall, subject to clause (V), pay the appropriate sum to the applicant, and shall pay a further such sum to the applicant where it fails to make a decision before the expiry of each subsequent period of 12 weeks beginning immediately after the preceding 12 week period,
- not more than 5 payments of the appropriate sum shall be made by a planning authority to an applicant in respect of the failure by the authority to make a decision in relation to an application,
- where a planning authority makes a decision in relation to an application more than one year after the expiration of the first period the authority, before making the decision—
The appropriate sum ’ means a sum which is equal to the lesser amount of 3 times the prescribed fee paid by the applicant to the planning authority in respect of his or her application for permission or €10,000.
2018 Act Uncommenced -Planning Conditions
Local Authorities have 8 weeks within which to agree condition compliance issues. Once a condition compliance submission has been lodged, the Planning Authority must either
- reach agreement with the person on the relevant points,
- advise the person in writing that they cannot agree, or
- refer the matter to the Board for its determination.
This must occur within 8 weeks or such longer period (that must be agreed with the person(/applicant). Should agreement not be reached the person(/applicant) can appeal the matter to the Board (within 4 weeks of the Planning Authority’s notification). If the planning authority does not respond within 8 weeks or such longer period as may have been agreed, then that authority shall be deemed to have agreed the points of detail as so submitted.
2018 Act Mandatory Pre-Planning
The 2018 Act requires a pre-planning meeting for proposals greater than 10 dwellings or 1,000sqm. Once requested the planning authority has 4 weeks (or additional period that can be agreed 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.