Introduction
If you are going to build a new house, you will need planning permission. If you are planning to build an extension or make changes to your existing house, you may need planning permission. Some small extensions and conservatories do not need planning permission if they are constructed to the rear of the property and follow the exemption limitations as set out in the Planning and Development 2001. We would be able to advise you as to whether or not your proposed development would be exempt of if you will have to apply for planning permission.
We will be able to advise you about this and tell you how to apply as well as giving you general advice about your planning application.
There are 3 types of planning permission:
- Full Permission,
- Outline permission and
- Permission consequent to getting outline permission.
The most common type is permission, sometimes called full permission. However, if you want to see if the planning authority agrees in principle to you building a house on a particular site or building a large extension, you might apply for outline permission. Outline Planning will require you to produce only 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 full planning permission prior to you starting building. Generally, outline permissions have a 3-year duration.
It is also possible to have a pre-planning meeting with the planners where you can get advice as to the kind and style of development that might get planning permission in the area where you wish to build. You don’t need full plans for this meeting…a few photos of houses can suffice to give the planners an idea of what you have in mind.
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.
Generally, the County Council must make a decision on a planning application within 8 weeks of receiving the application, but if the local authority needs more information, or the decision is appealed, the process can take much longer.
Anyone can see a copy of your application and on payment of a fee of €20, can make a written submission or observation on it. The decision on your planning permission will be notified to you and anyone who commented in writing on it.
If the local authority decides to give you planning permission, you will get a decision to grant planning permission. If no one appeals the decision to An Bord Pleanála within 4 weeks of the date of this decision, you will get the full grant of permission from the local authority.
Rules
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 (your local authority will have a list) and putting up a site notice that can be clearly read. You will find details of information that must be contained in the notices in the planning application form.
The application must be received by the local authority within 2 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 5 weeks from the date of receipt of the planning application. (Please note, nine days over Christmas, from 24 December to 1 January, are not taken into account when calculating the 5-week period).
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 5 years. You may be required to make a financial contribution towards the construction of any road, water supply or sewerage that may be necessary.
If the local authority refuses your application, it will give you the reasons for this. You have 4 weeks from the date of this decision to appeal to An Bord Pleanála.
Rates
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 €65. The fee for a house extension or the conversion of a garage for use as part of a house is €34.
How to apply
Applications currently have to be made by post.
Feel free to contact us and we can discuss your proposed development and advise you as to the best way to proceed with the planning process.