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| A Guide to Planning Permission in Ireland |
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
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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?
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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
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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?
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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?
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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?
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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?
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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?
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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?
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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
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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
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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
Subscribe now to House and Home:
http://www.houseandhome.ie/subscription.asp
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