A Guide to Planning Permission in Ireland - http://www.irishpropertymarket.com/content.asp?a=64
As is commonly known you must have planning permission before you start to build
a house or, you may even need permission before you even start to clear your
site, particularly if you are making or widening access to a public road, demolishing a structure that was last
used as a residence or demolishing a building in a terrace or one attached to
another in separate ownership.
Proceeding to build without planning
permission will not only draw the wrath of the local authority, which may call
for expensive demolitions, or even imprisonment, but will cause a serious
problem for you selling your property at a later date. Lenders will not furnish
money to a potential buyer unless your property satisfies the local planning
rules.
Before you start planning, you should familiarise yourself with
the Development Plan for your area. This will state your local authorities
policies for land use and may advise particular local restrictions in relation
to sewage systems, etc. While you don’t have to consult the planning authority
before applying for permission, it may save you a lot of time if you check out
anything you are unsure about.
It is pointless to submit a plan that runs
contrary to the Local Authority Development Plan, as it will not be accepted.
Your Local Authority will be able to tell you whether your proposals are likely
to comply with the Development Plan for your area. Your architect should be
familiar with the local guidelines and will normally make an application
on your behalf.
Types of
Permission
-----------------------------
There are four types of planning
permission only three of which are relevant to the current discourse:
permission, outline permission and permission consequent on outline permission.
The most common type is permission, sometimes called full permission. However,
if you want to see whether the planning authority agrees in principle to your
building a house on a particular site or building a large extension, you might
apply for outline permission. In this case you only have to
produce the plans and particulars that are necessary to enable the planning
authority to make a decision in relation to the siting, layout or other
proposals for development.
If you get outline permission you will have to
submit detailed drawings and receive consequent permission before you start
building work. Generally, outline permissions have a three-year
duration.
It is an offence to carry out any work that requires planning
permission without planning permission, and the offence can carry very heavy
fines and imprisonment. However, if a genuine mistake has been made, it is
possible to apply for planning permission to retain an unauthorised development.
This permission may be refused, in which case, the unauthorised development will
have to be demolished.
How do you
apply?
------------------------
You apply for planning permission by
filling in an application form and submitting it together with required
documents to your local authority. You can also apply online
for planning permission. Check out www.reachservices.ie for further
details.
It is a good idea to talk to the local authority before you make
an application. This may save you long delays later on. If you are employing an
architect, he/she will normally make the application on your
behalf.
Public Notice
------------------
You must give a public
notice of your proposals before making an application. This must be done by
placing a notice in a locally circulating newspaper from the list published by
your local authority and putting up a site notice that can be clearly
read.
The application must be received by the local authority within two
weeks of the notice appearing in the local newspaper and the erection of the
site notice. The site notice must remain in place for at least five weeks from
the date of lodgement of the planning application.
Documents to include
in your application
In making your application you will need to submit the
following documents:
Six copies of a location map of sufficient size and
containing details of features in the vicinity such as to permit the
identification of the site to which the application relates. Scale should not be
less than 1:1000 in built-up areas and 1:2500 in all other areas and marked or
coloured so as to identify clearly the land or structure to which the
application relates and the boundaries thereof.
Site or layout plan (six
copies)
Other plans, elevations and sections (six copies)
The page
of the newspaper containing the public notice
One copy of the site
notice.
Copies of public notices (newspaper and site)
A plan
showing the position of the site notice or notices
Where appropriate, a
certificate issued by the planning authority stating that compliance with Part V
of the Planning and Development Act 2000 shall not apply to the development. If
such a certificate has been applied for but not issued, a copy of the
application, which itself must meet specific requirements will
suffice.
The appropriate fee (currently 65 euros for a house)
The
requirements of the planning and development regulations, as they affect the
documentation to be submitted with a planning application, are complex. If the
documentation doe not comply with the requirements then the application will be
returned by the local authority as invalid, thus delaying the process. The
advice of a professionally qualified architect should therefore be
sought.
How long does it
take?
-------------------------------
Generally the local planning
authority must make a decision on a planning application within eight weeks of
receiving the application. However, if the local authority invalidates the
application, needs more information, or if the decision is appealed, it will
take much longer, so it is important to supply all information
correctly.
How much does it
cost?
--------------------------------
You have to pay a fee with your
application. Different fees apply to different types of development. The current
fee for an application to build a house is sixty-five euros. The fee for a house
extension or the conversion of a garage, etc, for use as part of a house is
thirty-four euros.
What happens after you have
applied?
---------------------------------------------------
Your
application will be checked by the local authority and, if it is validated, you
will be sent confirmation that your application has been received and, it will
be placed on the planning register in the planning authority offices for public
inspection. Your application 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 member
of the public has the right to inspect or purchase
a copy of your planning permission and, on payments of a fee of twenty euros,
make a written submission or observation on it. The submission or observation
must be made within five weeks of the date of receipt of the planning
application. Comments must be based on planning considerations not on personal
likes or dislikes.
After considering all information
and referring to the local development plan a decision will be made by the local
authority on your planning application and it will be relayed in writing to you
and anyone who commented on it.
What happens after you receive
permission?
------------------------------------------------------------
If
the local authority decides to grant you planning permission, you will receive a
notice of that decision. If no appeals the decision to An Bord Pleanala within
four weeks of the date of this decision, you will receive the grant of
permission from the local authority.
You must not start building before
you receive the grant of permission. Normally, planning permission is subject to
conditions, some of which may require changes to your proposals.
Planning
permission normally lasts for five years. You may be required to make a
financial contribution towards the construction of any road, water supply or
sewerage scheme that may be necessary.
What happens if you are
refused?
---------------------------------------------
If the local
authority refuses your application it will give you the reason for this. You
have four weeks from the date of their decision to appeal to An Bord Pleanala.
You can also appeal conditions attached to your permission. Your appeal must
include the full grounds of the appeal with supporting material and arguments.
No further submissions or elaborations on these grounds of appeal can be
accepted by the board. The typical fee for this is 150 euros and the appeal must
be made in writing to:
The Secretary
An Bord Pleanala
64
Marlborough street
Dublin 1
Lo-call: 1890 275 175
Tel: 01 858
8100
Fax: 01 872 2684
Email: bord@pleanala.ie
Before making an
application to ensure your application gets dealt with as speedily as possible,
there are a number of key issues you need to focus on before making your
application.
Domestic effluent/waste
disposal
----------------------------------------------
Where effluent
disposal is by means of a septic tank, applicants are encouraged to have trial
holes dug to assess soil suitability following consultation with their local
Environmental Health Officer. See “Environmental Health Officers” in the menu
listing here on this web-site.
They may carry out the inspection
themselves or nominate/suggest a qualified individual to do so. The cost of this
depends on the individual. This prior consultation is advised so that an
appointment can be made to facilitate inspection of the hole after it has been
dug, if so required.
The hole should be dug at the proposed location of
the septic tank system. In the event that the submitted location should not
prove suitable, you may be required to further consult with the EHO and provide
such further trial holes or alternative proposals as may be required. In some
cases where a conventional septic tank system would be unsuitable, site
improvement works will have to be carried out.
These improvement works
include lowering the ater table by drainage, increasing the soil depth by
importing suitable soil or replacing existing, unsuitable soil
Areas
of high/especially high
amenity.
---------------------------------------------------
For planning
purposes, parts of the County are zoned as areas of High Amenity/Special High
Amenity. If a site is located in one of these areas, applicants are advised to
have a lath erected on the site to the proposed ridge level of the house. This
will assist the Council in making a more complete assessment of the effect of
the proposed development on the amenities of the area. In some cases it may be
necessary to choose an alternative site which has a lesser impact.
House
Design
---------------------
When considering design for a dwelling , you
should take particular care that it will be compatible or sympathetic to the
adjoining landscape and other houses in the locality. This applies especially to
roof type, windows, brick type, porches etc. Try always to consider traditional
design. Advice from an RIAI registered architect will be invaluable in this
regard. The Councils own “design guide” with which your architect will be
familiar, will be of assistance to you in choosing an acceptable
design.
Extensions
----------------
Extensions, mainly to the
rear of private houses, are a cause for serious concern to the Council where
these are proposed over existing public services. Generally, the council will
require that the services be re-routed around the extension. In some cases this
is not possible and permission is granted with conditions that foundations are
arched over the particular service. In the case of sewers, a manhole is provided
on each side of the extension.
The council reserves the right to maintain
the sewer under a wayleave agreement, even to the extent of digging up the floor
of the extension should this become necessary. Applicants may not be aware of
this and regard to this should be had when planning an extension. Any re-routing
would be at an applicants expense.
Access
----------
If the
site does not adjoin a public road, you must submit documentary evidence of your
right of way to access the site from the public road (Solicitors letter will
suffice)
Water Supply
------------------
Where water supply is
from a group scheme, a letter from the Promoter of the scheme confirming the
applicant has permission to connect to it should be submitted with the
application. The name of the Group scheme should be clearly
indicated.
Where it is proposed to use a well or spring as the source of
water supply, it is advisable to have the water tested both for quality and
quantity. A minimum of 200 gallons of water per day is the normal requirement
for an ordinary domestic dwelling. A water quality report based on a
bacteriological/chemical examination should be submitted with the
application.
Generally wells should be constructed in accordance with the
standards laid down by the geological survey of Ireland and further advice in
the matter may be obtained from the local Environmental Health
Officer.
There is an individual water supply grant scheme for those whose
house is not connected to either a public or group scheme. The grant is worth up
to 2,031 euros (or 75% of the cost of the work, whichever is the lesser) and
must be used for the provision of a new water supply.
The kind of work
that would be eligible for the grant is the drilling of a new well or the
provision of essential pumping or water filtration/disinfection equipment. For
more details and application forms you should apply to your local
authority.
Surface water
run-off
-----------------------------
Surface water run-off from elevated
sites causes the most problems. Plans should indicate proposals for collection
ad disposal of run-off from embankments and the provision of channels, kerbs or
grids for run-off from paved areas. Similarly, proposals to ensure that no water
from the public road enters the site should also be shown. In major
developments, estimates of storm run-off and assessment of the capacity of the
receiving drain to accommodate it should be submitted.
ESB and
telecom poles
---------------------------------
Existing poles should be
shown on site layout plan along with proposals to resite, if necessary. All
poles should be located along or behind the proposed fence line or replaced with
underground ducting. Where appropriate.
It is a good idea to check with
your local ESB or Eircom office before choosing a site to check the feasibility
of having a supply connected to your dwelling or having existing ESB or Eircom
lines diverted. There is a charge for getting connected to the ESB and this
varies, depending on the distance from your nearest
connection.
Demolition of habitable
house
------------------------------------------
If you want to demolish a
habitable house, you will require planning permission. This should be included
in the public notice and the additional fee of 80 euros
paid.
Development which encroaches on land not owned by
occupant
-------------------------------------------------------------
Where
an application clearly involves some work on land that is outside the site
boundaries, you can avoid delays by sending in with the original application,
letters from the landowner or other persons affected, giving their consent to
the proposal. Topics may include hedge removal as referred to under traffic
safety, septic tank close to boundaries, shared walls, overhanging eaves,
gutter, use of right-of-way for access etc.
These letters should be clear
as to what is proposed and as accurate and legible as possible. If possible,
there should be a legal agreement or sufficient to form the basis of a legal
agreement. The letters submitted should clearly state whom the agreement is
between and exactly what is being consented to.
Where to
apply
---------------------
To apply for planning permission, contact the
Chief Officer of the Planning Department of your local authority. For a full
listing of the local Planning Authorities see the menu listing on this web
site.
Grants: Do you qualify?
-------------------------------
You
may qualify for grant assistance in building your own home, depending on a range
of factors. See ‘Grants’ in our menu listing on this web site.
Quick
Guide to Planning Permission
-----------------------------------------------
Check your local area Development plan at your Local Authority
office.
Erect a public notice on the site following the guidelines in the
planning application form. This must go up in the two week period before the day
you make the application and stay up for at least five weeks
afterwards.
At the same time place a notice of your intentions to
build in a locally circulating paper from the list published by your local
authority. Keep this notice in the paper for later production of proof of having
placed it.
Your application must be received by the local authority
within two weeks of the notice appearing in the local paper. Address it to the
Chief Officer of the Planning Department of your local authority and include
your fee with the application.The current fee for an application to build a
house is 65 euros. (To make an online application check out
www.reachservices.ie)
You must not start building before you receive
the grant of permission.
Sometimes planning permission is subject to
conditions, which may require changes to your proposals. (For example, you may
be required to make a financial contribution to the construction of any road,
water supply or sewerage works, which may be necessary)
Planning
permission normally lasts for five years.
If the local authority
refuses your application, they will give you the reasons for this, and you have
four weeks to appeal to An Bord Pleanala
********************
The
above article is courtesy of House and Home, Ireland's favourite interiors
magazine which also publishes 'Build Your Own House and Home', the annual 300
page reference to building a house in Ireland.
www.houseandhome.ie