Planning Permission Application Process
You’ve finished gathering information and found a suitable site…… What’s next??
Contents
Pre-Application Stage for Planning Applications
1. Feasibility Studies
Importance and Process: Feasibility studies are an essential first step in evaluating the suitability of a site for development. This process involves collaboration with a team of consultants, typically led by a planning consultant or architect, to assess potential roadblocks and challenges related to the site and its surrounding environment. The study aims to determine the approximate density achievable on the site, including height, massing, and type of development (residential, commercial, or mixed).
Technical Feasibility: This aspect examines the project from a technical standpoint, considering site size, access, land topography, geotechnical information, existing buildings, flooding risks, and other environmental factors.
Economic Feasibility: Here, a cost-benefit analysis is performed to determine if the project is economically viable, analysing various options and advising on the best-suited project or scheme for the site.
Legal Feasibility: Involves due diligence to ensure the project complies with legal requirements, including planning permission, land ownership/easements, and taxation.
Operational Feasibility: Assesses how well the proposed project solves problems and meets goals, taking a broader view of the outcomes to ensure identified problems and goals are achievable.
Assessment Feasibility: Crucial for project success, focusing on the project’s timeline and budget, evaluating design, materials, environmental impacts, regulations, and risk areas.
Pro Tip: Early feasibility studies not only gauge the viability of a project but can also save clients substantial financial losses in the long run.
Feasibility Study Timelines: Typically concluded within a two to four-week window, although this may vary based on the scale and complexity of the project.
2. Design, Pre-Planning, and Public Consultation
Design Phase: Once a feasibility study delivers promising results, the project moves into the design phase. This involves creating detailed plans and models of the proposed development, considering both functional and aesthetic aspects. The design phase is crucial for visualizing the project’s impact and ensuring it aligns with local planning policies and guidelines.
Pre-Planning Request/Meeting: Engaging with local authorities early in the planning process is vital. Pre-planning meetings offer an opportunity to discuss the project with planning officials, gain valuable insights, and receive preliminary feedback. This step can significantly streamline the planning application process and help identify any major issues that might need addressing.
Public Consultation: An integral part of the planning process, public consultation involves engaging with the community and stakeholders. This step ensures transparency and allows for the gathering of feedback, which can be critical in addressing public concerns and enhancing the project’s acceptance within the community.
The Pre-Application Stage, encompassing feasibility studies and the initial design and consultation phase, sets the foundation for a successful planning application. By thoroughly assessing the viability of a project from multiple perspectives and engaging with key stakeholders early, developers can significantly enhance the prospects of their projects, aligning them with community needs and regulatory frameworks.
This stage emphasizes the importance of due diligence, expert collaboration, and community engagement in the planning process, underlining its role as a critical step in achieving a successful and sustainable development outcome in Ireland.
Preparing and Submitting a Planning Application in Ireland: A Comprehensive Guide
The planning application process in Ireland is a critical step in the development of land or property. This guide provides a detailed overview of the necessary steps, documents, and considerations to ensure a successful application.
Gathering Necessary Documents
Planning Application Form: A completed application form is essential. This form is available from local authorities or their websites and must be filled out with accurate and detailed information about the proposed development.
Planning Application Fees: Each application must be accompanied by the correct fee, which varies depending on the type of development. For instance, building a house typically costs €65, while a house extension or conversion may cost €34.
Site and Newspaper Notices: A copy of both the site notice and the newspaper notice must be included. The site notice should be placed on the site and remain visible for five weeks from the date of receipt of the planning application. The newspaper notice must be published in an approved newspaper and submitted with the application within two weeks of its publication.
Site Location Map: Six copies of a detailed site location map are required, showing the site boundaries clearly. In urban areas, the map scale should be not less than 1:1000, and in rural areas, not less than 1:2500. Ordinance survey maps and planning permission packs are easily purchased online from Tailte Éireann.
Site Layout and Other Drawings: For full planning permission, you must submit six copies of detailed structural drawings, including floor plans, elevations, and sections, drawn to a scale of not less than 1:200. The same scale must be used for the entirety of any individual map or drawing.
Public Notice Requirements
Site Notice: The site notice must be located where it is easily visible to the public, typically at the site entrance. It must contain details such as the applicant’s name, nature of the application, location, and a brief description of the development.
Newspaper Notice: The newspaper notice should include the name of the planning authority, the applicant’s name, the nature and location of the development, and a statement that the application can be inspected or purchased at the planning authority’s office.
Professional Assistance
Role of Professional Agents: Most applicants engage a professional agent, such as an architect, planner, or engineer, to prepare and submit their planning application. These professionals ensure that the application meets all technical, legal, and procedural requirements and can significantly increase the chances of a successful application.
Validation and Timeframes
Validation: Upon receipt, the planning authority will review the application to ensure it is complete and compliant with planning legislation. A validated application then enters the formal review process.
Planning Process Timeline: The entire planning application process usually takes about 8 weeks from the receipt of a valid application. In the first 5 weeks, submissions and observations are received, and the final decision is typically issued between weeks 5 and 8.
Key Points to Remember
Accuracy and Completeness: Ensure all documents and information provided are accurate and complete. Incomplete applications may be declared invalid and returned to the applicant.
Pre-Application Consultation: For complex or large-scale developments, a pre-application consultation with the planning authority is highly recommended. This can provide valuable insights and guidance on the application process.
Public Accessibility: Remember that all documentation submitted with a planning application becomes part of the public record and will be accessible for inspection
Validation and Processing Timeframes
Process and Importance:
- Review for Completeness: Once a planning application is submitted, it is meticulously reviewed by the planning authority to confirm its completeness and compliance with planning legislation.
- Criteria for Validation: This includes checking the accuracy of the application form, the appropriateness of the application fees, the completeness of the site notice and newspaper notice, and the thoroughness of all submitted plans and particulars.
- Declaration of Validity: If the application meets all the necessary criteria, it is declared valid and officially enters the planning review process. Conversely, incomplete or non-compliant applications are declared invalid and returned to the applicant for correction and resubmission.
Key Considerations:
- Professional Assistance: Employing a professional agent such as an architect, planner, or engineer can significantly aid in ensuring the application meets all requirements for validation.
- Accuracy and Completeness: Meticulous attention to detail in preparing the application can prevent delays caused by invalidation.
Planning Application Timeline
Understanding the Timeline: The planning application process typically follows an eight-week timeline from the receipt of a valid application. This period is crucial for both applicants and planning authorities to assess, review, and make decisions on the application.
Initial Steps: The process begins with the publication of a newspaper notice and the erection of a site notice. These steps must be completed before the planning application is submitted.
Submission Window: The planning application must be submitted within two weeks after the newspaper notice’s publication and the site notice’s erection.
Eight-Week Process:
- First 5 Weeks: During this period, submissions and observations from the public and other stakeholders are received. The planning authority begins its assessment of the application.
- Weeks 5-8: The final assessment of the application takes place, taking into account any submissions and observations received. At the end of this period, the planning authority issues a decision on the application.
Factors Influencing Duration: Several factors can affect this timeline. These include the complexity of the application, the need for additional information or clarifications, and the volume of submissions or observations received.
Post-Decision Procedures for Planning Applications
After receiving a decision on a planning application in Ireland, there are important post-decision procedures that applicants must navigate. This includes complying with any conditions attached to the permission and understanding the appeals process.
Compliance with Conditions
Once planning permission is granted, it’s crucial to comply with any attached conditions. These conditions must be agreed upon in writing with the planning authority before starting the development. The Planning and Development (Amendment) Act 2018 established a statutory timeline of 8 weeks for compliance conditions, applying to submissions received after December 17, 2021. This timeline is irrespective of the planning permission decision date. Non-compliance can lead to enforcement action, so it is vital to adhere to these conditions strictly.
Planning Appeals
If you are dissatisfied with the decision of the local planning authority, you have the right to appeal. This appeal must be lodged with An Bord Pleanála within four weeks from the date of the council's decision. This process allows for an independent review of the decision. If no appeal is lodged within this four-week period, the council can issue a final grant of planning permission, typically done six weeks after the original decision. The final grant is a significant document and should be stored safely. Check out our page on appeals for more information. Just Click The Image!!
Judicial Review in Planning and Environmental Matters
In cases where there’s a belief that the decision-making process was flawed (for instance, due to bias, lack of fair hearing, or non-compliance with legal requirements), judicial review proceedings can be initiated in the High Court. This must be based on having an ‘arguable case’ and being significantly affected by the decision. Judicial review is divided into two categories: conventional judicial review and statutory judicial review, each having different procedural rules and time limits for application.
Enforcement
The guide to planning enforcement in Ireland provided by the Department of Housing, Local Government, and Heritage outlines the protocols for ensuring compliance with planning laws. This includes the consequences of carrying out work that requires planning permission without obtaining it, which can result in substantial fines and potential imprisonment. In cases of genuine mistakes, it is possible to apply for retrospective planning permission, although this can be refused, necessitating the removal of the unauthorised development.
Conclusion
Additional Considerations for Planning Applications in Ireland
Extension of Planning Permission Duration
Standard Duration: Planning permissions in Ireland are typically granted for a period of 5 years. If the development isn’t completed within this timeframe, the permission expires.
Application for Extension: Under Section 42 of the Planning and Development Act 2000, as amended, it’s possible to extend the duration of planning permission in certain circumstances. This extension can be crucial for developers who are unable to complete the project within the original timeframe.
Application Process:
- An application form, available from local authority websites, needs to be filled out and submitted for the extension.
- A statutory fee of €62 is usually applicable.
- Applications should be made within the last year of the life of the original permission, but before it expires.
- It’s important to note that applications can only be made if the works have either commenced or are substantially complete.
Decision Timeframe: The local authority aims to make a decision on the extension application as expeditiously as possible, typically within 8 weeks of submission. However, if further information is required, the applicant must respond within 4 weeks of such a requirement.
Caveats: Local authorities have the discretion to extend the period for less than the standard 5 years and can add or modify conditions as they see fit. Special provisions apply to properties managed by NAMA (National Asset Management Agency).
Naming of New Developments
Local Authority Guidelines: When naming new streets and developments, local norms and regulations must be considered. This process aims to ensure that the naming reflects local heritage and avoids confusion with existing names.
Approval Process: The naming must be agreed upon in writing with the local authority, typically before launching any advertising campaign for the development. This ensures that the names chosen are in line with local preferences and historical or cultural significance.
Bilingual Requirement: In many cases, especially in urban areas, street nameplates are required to be bilingual, displaying names in both Irish and English. This practice is part of promoting local heritage and adhering to national language policies.
Cost Breakdown of Planning Permission in Ireland
Planning Permission Fees
- Residential Planning Permission: Fees typically range from €65 to €5,000, depending on the development’s value. For building a new home or making additions, you will generally fall into this category.
- Commercial Planning Permission: The costs can vary significantly, ranging from €3,000 to €50,000 or more, depending on the scope and nature of the commercial project.
Professional Fees
- Architects: Hiring an architect to draft plans for your development could cost anywhere from €1,500 to €7,000 or more if you are a self-builder or renovating, depending on the complexity of the project. This price will also depend on whether your chosen architect will also be contracted for signing off and certification of the build. If not, an engineer’s services may be acquired.
- Engineers: These professionals typically charge either a flat fee or a percentage of the project cost. For example, if you have used an architect to draft your plans but you require a structural engineer for construction drawings and certification throughout the build, a flat fee of up to €3,000 or more could be expected.
- Surveyors: While preparing your application, you will have a site suitability assessment carried out by a surveyor. This process requires trial holes to be prepared on-site before drainage tests are completed. You can expect to pay between €700 and €1,200
- Landscape Design: It has become common practice for local planning authorities to request a detailed landscape design of the proposed development to be drafted by a competent professional. Many people will now include this with their application to prevent delaying their time frame by receiving a request for further information. You can expect to pay up to €700 for a landscape design suitable for a self build.
Additional Expenses
- Newspaper Advertisement: One of the necessary steps in the planning application process is placing a public notice in a local newspaper. The cost for this can vary depending on the newspaper and the region.
- Site Inspections and Other Documents: Fees for site inspections, valuations, structural surveys, and other required documentation can also contribute to the overall cost.
- Legal and Administrative Fees: These include conveyancing, purchasing of Ordinance Survey maps, and other documentation costs.
- Planning Permission Duration and Extension: Standard planning permission in Ireland is valid for 5 years. An extension, if required, involves an additional application process and fees.
Monitoring the Progress of a Planning Application in Ireland
Methods to Monitor Application Status
Local Authority Websites:
- Most local authorities in Ireland offer online services to track planning applications. These services provide public access to the status of applications, allowing applicants and interested parties to view the current stage of the application and any decisions made.
- For example, Dublin City Council provides an online portal where all planning applications received from 1st January 2005 are available to view. This portal is updated regularly, and full planning files are normally available for online viewing within 10 working days of receipt.
National Planning Application Database:
- The Department of Housing, Planning and Local Government in Ireland has implemented the National Planning Application Database. This open data web service, accessible to the public, offers information on nearly 300,000 planning applications across the country, dating back to 2010.
- This database allows stakeholders and other interested parties to track planned development throughout Ireland, contributing to more efficient infrastructure planning.
Local Government Online Planning Portal:
- The Local Government Online Planning portal streamlines the application process for planning permission across all local authorities in Ireland. It allows applicants to register their own accounts, submit documents online, and view the status of applications quickly and easily.
- This portal is designed to be user-friendly and environmentally friendly, providing 24/7 access to applicants for their planning applications.
Planning Application Map Viewer:
- The National Planning Application Map Viewer on MyPlan.ie contains data on all planning applications received in the past ten years. This tool is particularly useful for visualizing planned development and its spatial distribution across Ireland.
- Site Inspections and Other Documents: Fees for site inspections, valuations, structural surveys, and other required documentation can also contribute to the overall cost.
- Legal and Administrative Fees: These include conveyancing, purchasing of Ordinance Survey maps, and other documentation costs.
- Planning Permission Duration and Extension: Standard planning permission in Ireland is valid for 5 years. An extension, if required, involves an additional application process and fees.
Conclusion: Navigating the Planning Application Process in Ireland
Embarking on the journey of obtaining planning permission in Ireland is a complex but manageable process. Our comprehensive guide has aimed to demystify each step, from understanding the nuances of local needs to the intricacies of submitting an application, complying with post-decision procedures, extending permissions, and more.
Crucial to this process is an awareness of the costs involved, including not only the application fees but also the additional expenses associated with professional services and other necessary steps. Furthermore, staying informed about the status of your application is essential for timely responses and smooth progression.
As you navigate through each stage of this process, remember that meticulous preparation, attention to detail, and compliance with the local planning authority’s regulations are key to a successful application. Professional assistance can be invaluable in guiding you through the complexities of planning law and requirements.
This guide serves as a resource to help you understand and successfully navigate the planning application process in Ireland. Whether you’re a first-time applicant or an experienced developer, adhering to these guidelines and seeking expert advice when needed will greatly enhance your chances of achieving a favourable outcome for your project.
