A guide to planning permission

 

Clive Kavanagh of Jordan Auctioneers who has Masters in Regional & Urban Planning outlines below a simple guide to understanding the planning system. This is not a definitive legal interpretation of planning law and is for guidance purposes only:

Generally, you need planning permission for any development of land or property unless the development is specifically exempted from this need. The term development includes the carrying our of works (building,demolition, alteration) on land or buildings and the making of a material (i.e.significant) change of use of land or buildings.

Certain development is termed ‘exempted’ for which planning permission is not required. Categories of exempted development are set out in planning law. There are usually certain thresholds relating to, for example, size or height; where these thresholds are exceeded, the exemptions no longer apply. The purpose of exemption is to avoid controls on developments of a minor nature, such as small extensions to houses.

The most common type of application made is for permission, sometimes referred to as full permission. There are circumstances when you may want to make an application for outline permission. For example, you may want to see whether the planning authority agrees with your proposal in principle before you go to the trouble of making detailed plans. If you obtain outline permission, you must obtain full permission before starting work. In most cases, a subsequent application for permission must be made within 3 years of the date of grant of outline permission. However outline permission cannot be sought for retention of a structure, works to a protected structure or a proposed protected structure or developments which require an environmental impact assessment, integrated pollution control licence or a waste licence.

You apply for planning permission from the planning authority for your area i.e. your local County Council, County Borough or Borough Corporation or Urban District Council.A fee is payable with an application for planning permission. Fees for the different classes of development are listed with the application form, You must pay the correct fee with your application as the planning authority is prohibited by law from deciding an application until this is paid. Voluntary organisations may qualify for an exemption from the fee.

Generally, a valid application will be dealt with by a planning authority in 12 weeks from the date the application is made to the final grant of a permission. However, the period can vary, particularly if the planning authority seeks further information from the applicant (which it should do within the first 8 weeks). The planning authority then has 4 weeks from the day the further information is received to make a decision on the application. The following table illustrates the time scale involved in most cases.

- Start Notice published in paper and site notice erected
- 14 days later Latest date for lodging application
- Between 2 weeks and 2 months later Planning authority issue notice of their decision on the application (alternatively they may request further information)
- 1 month later If no appeal is made, the planning authority will issue grant of permission, approval or outline permission, except where they have already indicated a decision to refuse
- An appeal may take longer than the application to decide but An Bord Pleanala has an objective to decide appeals within 4 months.

You do not have to consult the planning authority before making a planning application but it is often advisable to do so where you are unsure of local planning policies, how to apply, etc. Depending on the type of development, you may need to discuss connections to the public water supply, sewer etc. The larger the development proposal the greater the need for prior consultation.

The development policies and objectives of the planning authority are in the local development plan. You can view the plan at any time during office hours at the local authority offices and local libraries. Copies and extracts from the plan are available at a reasonable cost from the planning authority.

Your application will be acknowledged (within a few days) and be placed on the planning register in the planning authority offices, for public inspection. It will also be included on the lists of planning applications displayed in council offices, public libraries and circulated to certain interest groups. A council official will usually inspect the development site; you may be asked to make an appointment to allow access.

Any person can see a copy of your application and make written submissions or observations to the planning authority on any planning aspect of it. These must be considered by the planning authority when determining your application. There is no fee for making such a submission or observation. For more information see the leaflet.

In making the decision, the planning authority takes a number of matters into account, including the proper planning and development of the area (e.g. appropriate land use (zoning), road safety, development density, size, location, adherence to established planning and development practices), their own development plan, submissions and observations made by members of the public on the application.Government policy the provision of a Special Amenity Area Order;any European site (e.g Special Areas of Conservation Special Protection Areas); submissions and observations made by members of the public on the application; It may not take non-planning issues into account e.g. boundary or other disputes, questions more properly resolved through legal means, etc.

The decision to grant permission, with or without conditions, will be notified to you, and to anyone who commented on the application. What you get is a notice of intention to grant permission. During a period of one month beginning on the date of making of this decision, you or anyone else may appeal it to An Bord PleanSia. Where there is no appeal the planning authority will forr,nally give you the grant of permission at the end of the appeal period. You must not commence work until you receive this notification. If the decision is appealed, you will receive from An Bord PleanAla either the grant of permission, with or without whatever conditions the Board considers appropriate, or if the Board decides, refusal of permission. Where the planning authority decide to refuse your application, their reasons will be included in the notification sent to you. The same period for appeal (4 weeks) will apply here also.

Planning permission may be subject to certain conditions, which will be listed on the decision. These may require changes to your proposal (e.g. new arrangements for the disposal of surface water, revised height/colour/material for boundary walls, improved landscaping of the site). You may also be required to make a contribution to the local authority for services (e.g. water, sewerage). These contributions differ from place to place and for different types of development. You must comply with all of the conditions attached to the permission and finish work in accordance with them. Even if you have more than one permission for a site, you cannot pick and choose the conditions which suit you best.

The standard duration for planning permission (permission or outline permission) is five years from the date of the grant of the permission by the planning authority or An Bord Pleanala. A longer period may be allowed if the development is complex. In certain circumstances the planning authority may extend the period of validity of a planning permission but only where: * substantial works have been carried out during the lifetime of the permission and * the planning authority are satisfied that the development will be completed in reasonable time.

The lifetime of an approval is determined by the date of the grant of the outline permission, so you should apply for the approval well in advance of the expiry of the outline permission to enable you complete the works within its lifetime. Remember the decision of the planning authority on your application for approval may be appealed to An Bord Pleanala so this factor should be taken into account. If a planning permission expires and you apply for a new permission for the same development, the planning authority may refuse permission or attach significantly different conditions. This can happen if planning policies or the requirements for the proper planning and development of the area have changed in the interim.

This is the responsibility of the planning authority which has wide enforcement powers to ensure development is carried out in conformity with planning permission and to halt and rectify unauthorised development. Any legal action must, however, be started within 5 years of the breach of the planning laws taking place. Care should be taken to ensure that each condition of a permission is fully complied with in order to avoid incurring such action. and also to avoid difficulties when the property is being sold at a later date.

It is an offence to undertake any work needing permission without that permission. Planning authorities have powers to stop unauthorised development and this can be a costly experience for the offender. You may be required to rectify any unauthorised works and will have to pay whatever costs are involved.