PLANNING PERMISSION
This chapter covers the following topics:
Where to Apply; The Local Development Plan; Building Without Permission; Types of Application: Outline Permission, Application for Approval, Full Permission; The Authority's decision; Planning Objections and Appeals; Grounds for Objection andAppeal. Planning Permission is required by law for:
building a house; building a house extension or conservatory greater than 23 sq. metres in area; erecting or altering an entrance from a public road; changing the use of a premises, e.g. from house to apartments or residential to business use.
Planning Permission is required for many other commercial and industrial developments: an extension under 23 sq.m. (provided that you do not reduce the open space at the rear of the house to less than 25sq.m.); internal alterations or renovations; a garden shed or greenhouse; a fence or wall under 2 metres high (1.2 metres in front of house); a path or pond not exceeding 1 metre above or below the adjoining ground; garage, carport, greenhouse, shed, under 23 sq.m. as long as it does not extend out in front of the building line of the house and does not exceed 4 metres in height (pitched roof) or 3 metres (other roof). Garages, sheds etc., to the side of the house must match the finish of the house; a front porch, as long as it does not exceed 2 square metres in area and is more than 2 metres from any public road or footpath.

LIMITS TO EXEMPTIONS
All forms of development which are normally exempted lose this status and require planning permission if they: contravene a condition of a planning permission; endanger public safety by causing a traffic hazard or obstructing the view of road users; build forward of the building (except in the case of small porches); involve a new or wider access to a public road; affect a building feature, site etc. listed for preservation in the development Plan; obstruct a public right of way; if they are not wholly related to the use of the house for domestic purposes.

WHERE TO APPLY
Applications for planning permission are lodged through your local Planning Authority, i.e. the County Council, Corporation or U.D.C. Usually the engineer, architect or draughtsman who draws up your plans applies for permission on your behalf.

THE LOCAL DEVELOPMENT PLAN
The Local Authority evaluates and decides on individual applications, subject to the Development Plan for the area. The development plan shows the general policy and zoning for the area. Zoning refers to the allocation of land, areas or sites for commercial, residential, industrial, mixed, or scenic purposes, or for public amenities. The development plan also broadly indicated the intention to develop new roadways, sewage schemes, bridges, etc. in the area. Your proposal must be in accordance with the development plan. These plans are open to public inspection in the offices of the planning authority and it is wise to consult the development plan before making an application. It will give you an idea as to the liklihood of permission being granted in your case. Find out other future plans for the area, i.e. developments which might serve to increase or devalue your property, like wider roads, high-density housing, or industrial usage nearby.

BUILDING WITHOUT PERMISSION
If you erect or alter a structure without permission, your development or alteration may be sighted and reported by a representative of the local authority, by the ordnance survey, or simply reported by any mamber of the public to the planning authority Enforcement Officer. He may require that the structure be demolished or substantially altered to comply with statutory requirements. You may have to apply for Planning Retention, which is permission granted retrospectively. Stiff penalties apply to breaches of planning laws. Even if your development goes unnoticed, you will not have the necessary approval documents when it comes to selling your house or raising a mortgage on the property.

WHO CAN APPLY?
"You must have a sufficient legal interest in the site or property to carry out the proposed developments, or the written consent of the person who has that legal interest. If a planning application is made by a perpective purchaser or tenant, the owners written consent must be enclosed with the application".

EMPLOYING AN AGENT
You can employ an agent to submit an application on your behalf. Typically, the agent is an architect, engineer, or someone familiar with planning procedurs and who may be engaged in preparing your plans/designs. However, if the agent has no vested interest in the success of your application, and will be paid for his work whether or which, you had best think twice about how the application is made. You may be better off having the agent prepare materials but make the application yourself.
Other agents have years of experience in submitting and getting approval for their clients and their reputation goes before them and they will be known and respected by planning departments, but their fees will be high, and in addition you must pay application fees, maps and other expenses. If your approach is cautious and correct you may be just as successful (or unsuccessful) making the application on your own behalf.

MAKING YOUR APPROACH
In the Planning Board's literature it states "It is in the applicant's own interest to discuss development proposals with the planning authority before submitting an application in the first instance". All planning departments have days when members of the public can approach them informally to ask advice and direction. Making appropriate use of this facility is essential to improving the liklihood of a successful outcome for your proposal. This gives the planner a chance to meet with you on a person-to-person basis, this way you become more than just an application form in his/her eyes.
Ideally, you will arrange several meetings before submitting your application. To begin with, you wish to ascertain the planners general attitude to the broad locality you wish to build in, the extent to which development is restricted or encouraged, why and on what basis requests for permission have been turned down or granted. At this early meeting you get to know the planning officer and can impress upon him your housing needs, i.e. a change of job, a growing family, necessity for expansion, proximity to schools, facilities, etc. You show a willingness to learn what his priorities are in terms of location factors, exterior design, social/civic concerns.
At another meeting you may be more specific. You have your eye on a certain site or more; you are aware of the physical and architectural qualities of the area; you would like to blend in with these. You wish to know what type of development is likely to meet with approval. You consider the planners opinion sacrosanct; don't argue or disagree; he is trained and experienced. Your job is to ascertain his viewpoint and to make your approach based on this insight. If the planner understands your thinking is guided by him, from site location through to preliminary plans, your chances or approval are increased. Above all, respect the planners position, function and opinion.
Because planning permission was refused to ten previous applicants doesn't imply that you will also be refused; each case is judged on its merits. Development is the most desirable areas is often restricted and many applicants are disappointed, but some growth is possible. To succeed make no presumptions about success; a submission of detailed drawings requesting full approval, without prior consultation, could be interpreted as presumption, lack of respect or a taking-for-granted the role of the planner. Being in a hurry will only decrease your chances.

TYPES OF APPLICATION
There are three types of planning applications which you can submit to the Planning Authority: Outline, Approval, Permission.

OUTLINE APPROVAL
Application for this is a formal request to the Planning Authority to find out whether a particular area is suitable for building(s) of a certain type. The granting of outline approval does not give you the go ahead to start building; it is an indication that the Planning Authority approves, in principle, of your subsequent detailed plans being satisfactory. It is advisable to seek Outline Approval if you do not wish to commit yourself to one specific design. If the area where you wish to build is "sensitive" it is imperative that you convince the Planning Authority that your design/landscaping/aspect will be in keeping with the local requirements, etc., then it may be wiser to submit detailed plans and go directly for full approval. This is because granting Outline Permission places the Planner under pressure to subsequently grant approval, perhaps for a design he may not be happy with, and he will therefore refuse granting outline permission from the outset. Alternatively, a sensitive, attractive design, well landscaped, may dispel his fears and win his approval. It's best to meet with your local planning officer first and take his/her advice on which is appropriate in your case.

HOW TO APPLY
Place a notice in your local newspaper two weeks before submitting your application to the planning authority. The notice must state the name of town/city and county, the applicants name and the location/address of the proposed structure giving details of its nature and extent. Place a Site Notice on the premises/site. This should be painted or printed and placed so that it can be clearly read from the public road. The notice should read as follows: "APPLICATION TO PLANNING AUTHORITY" with the applicants name and the type of proposed building and development. This notice must be kept for at least a month after the application has been made. Also the notice must be kept legible for the month, otherwise you will not have fulfilled the conditions of the agreement.
The application for outline approval must be accompanied by the following: The Site Location Map - usually 2 copies. An ordinance survey map of scale 1/2500 will suffice to show the general location of the structure. Site Layout Map showing clearly the position of the structure and its boundaries. This map is usually made to a scale of 1/500.
The whole of the page containing your newspaper notice and copies of your public notice. The fee.
If any of these documents are omitted then the planning authority will not consider your application and you will have to begin the whole process again.

THE SITE LOCATION MAP
This should show:
The land concerned and location of proposed structures, with the site boundary shown in colour. Other land in the vicinity of the proposed development and which is in the ownership of the applicant or landowner marked or coloured separately.
The Ordnance Survey sheet number of the map.
The north point and the scale of the map.
The name and address of the person by whom it was prepared.

THE SITE OR LAYOUT PLAN
This should show:
Proposed and existing buildings, structures and works.
Roads and site boundaries and distances from existing and proposed structures to these.
Approximate height of ground floor above or below adjoining ground levels
Buildings and structures on adjoining lands and other features in the vicinity.
Existing and proposed water supply and sewage disposal systems.
Existing and proposed accesses onto public roads.
For larger developments or developments on scenically sensitive sites, contours may need to be shown.
Position of site notice erected for public information.
The Ordnance Survey sheet number.
The north point and scale of the map. The name and address of the person by whom it was prepared.

OTHER PLANS AND DRAWINGS
These should show:
These must include the floor plans, elevations and sections of proposed structures, giving in figures the principal dimensions, including overall height. Elevations must include the main features such as window patterns, roof slopes, materials of construction, finishes, colours, etc., of existing and proposed structures and of any adjoining buildings.

APPLICATION FOR APPROVAL
Outline Permission is often granted subject to certain Conditions being met, i.e., regarding a buildings height, positioning, landscaping, access, finish, etc. Upon receiving outline permission you are now free to apply for Full Approval, and to submit any details required under the conditions attached. You must have full planning approval before you commence any building. The application for approval is much more detailed than that required for outline approval. The procedure is as follows:
Place a newspaper announcement two weeks prior to submitting your application seeking approval to the Planning Authority.
The Application Form must include the following:
Site Location Map.
Site Layout Plans. This should show the siting of the proposed building and should include the position of entrances and septic tanks, garages, etc.
Structural Plans. These should show front and side elevations, and detailed sectional drawings of the structure.
Specifications, which will give details of material to be used including exterior finishes, plaster, stonework, brick and their colour.
Newspaper page containing notice.
Fee.
Site Notice.

FULL PERMISSION
Full detailed plans of the proposed development must be lodged with the Planning Authority. This approach is preferable if you are confident that the Authority will accept your proposal. If approved, you caan begin work immediately, without incurring delays. The procedure for applying for permission is the same as for "Approval" above.

THE AUTHORITY'S DECISION
The Planning Authority will respond to all three types of applications by either accepting, refusing or modifying the conditions of your proposal. It has two months to come to a decision. If it fails to respond, permission is automatically granted by default. If they grant acceptance of your proposed development, with (or without) conditions, they will issue you with a Decision to Grant Permission which lasts for one month. During this month you can appeal against any of the imposed conditions.

PLANNING OBJECTIONS AND APPEALS
Everyone has the right to object to plans and to appeal any local authority decision. A third party can object to your application in the first 21 days after the decision.
In the case of an appeal against a decision, you, the applicant (the "first party") must submit your application to An Bord Pleanala (the second party), at the Irish Life Centre, Lower Abbey St., Dublin 1, within a month of receiving a decision from the Planning Authority.

GROUNDS FOR OBJECTION/APPEAL
The subject of Planning Appeals and procedure is beyond the scope of this book. However, the following is a bief listing of recognised "areas of concern" when objecting to, or refusing or appealing a proposal:
How is the development consistent or inconsistent with the aims, goals and/or prinsipals outlined in the local development plan?
How does the development relate to:
The area Zoning plans
Previous local decisions
Housing density guidelines
Overlooking an adjoining property, blocking light
Traffic conditions, safety hazards,parking facilities
Public health and safety concerns
Personal or public residential amenities
Scenic amenities
The countour of the land; land elevation; visibility
Local water supply/drainage capacity
The capacity of local services (medical, educational, domestic, etc)
Environmental concerns, smell, dirt, noise
Construction standards
The (desired) architectural or design character of the area
The planning history of the area is also relevant, especially where similar proposals met with refusals or permission at local level, or on appeal to An Bord Pleanala. These may be researched by looking through the Register at the offices of the planning authority. Copies of extracts from the Register are available of payment of a fee. If all goes smoothly and there is no appeal to your proposed development, then after the month the authority will issue you with a Notification of Grant of Approval. Copies of their decision are sent to all who submitted observations, objections, etc., while the application was being considered.
Subject to ESB, Septic Tank and Site Clearance and Demolition requirements, you are now free to start building. Do remember that planning permission may be withdrawn if a period of five years or more lapses between the granting of permission of commencement of building.

CONTACTING THE E.S.B.
Contact the ESB to find out if your proposed site can be supplied with electricity and at what cost. It is not enough to choose your site because it is near electricity lines; other safety and technical requirements could affect the feasability of your site. You are advised to contact the ESB about any overhead lines close to or crossing your site, and you must do so where overhead lines are within 25 yards of the construction."Technical Standards for Septic Tanks and Percolatiob Systems" contained in 'Standard Recommendation S.R.6: 1991, available from NSAI Sales, Eolas, Glasnevin, Dublin.9; a copy may be consulted in the planning office. This gives advice on improving sub-standard sites
Depending on the suitablility of your site, you may be required to submit percolation and trial hole tests, carried out in conformity with S.R.1991 with your planning application. The authority may require these to be independently certified; you should check their requirements before submitting your application

DEMOLISHING OLD BUILDINGS
You can demolish without permission a building other then: A habitable house; One listed for preservation in the Development Plan; A building in a terrace or one which is attached to another building is separate ownership
It does not follow that you will get permission to build a replacement. A habitable house includes a structure which was last used as a dwelling even if it is now in an unlivable condition.

SITE CLEARANCE
Planning permission would not generally be required for basis site clearance. However, you do need permission either separately or with the planning permission for the house in the case of the following:
Making or widening an access onto a public road; The deomolition of a structure which was last used as a residence; the demolition of a building in a terrace; one which is attached to another building.

THE HOUSE SITE
Site Design
The site dictates the basic design and orientation of the dwelling. Most self-builders start with a rigid attitude to the style and type of house they require even before choosing a site. This is a mistake as your choice of site must be a determining factor in the design and style of your home

GUIDELINE CONDITIONS
The Conditions governing your choice of site (and the granting or planning permission) are as follows:
The development must blend into the landscape and must not be visually prominent; The structure not block scenic views; The site must permit the safe disposal of sewage without causing pollution to ground water or and watercourse; It must provide the necessary amount of land for each house in accordance with building density and other requirements; The site must allow access without causing difficulties or road traffic hazards for the occupants or the general public; Avoid main roads, sites located off small side roads are safer and less obtrusive; The site must allow you to obtain a supply of water sufficient for your needs without reducing water supplies to existing developments; The site should allow you to build your house to that it does not constitute or encourage ribbon development; The site should not use up prime agricultural land; Reclaimed land may later cause subsidence; It must be firm and dry at all times of the year; The ideal site is airy and sunlit, yet sheltered; It must not hinder a public right of way.

LANDSCAPE AND DESIGN
Take into cosideration the environment in which you are building, particularly in rural areas. Many scenic areas have been spoiled by unsightly and badly sited buildings; and we are all too familiar with the ribbon developments of characterless bungalows stretching into the countryside. The idea of building a Spanish hacienda complete with Grecian Columns, French arches, etc., is thoughtless and tasteless; both builders and planners are responsible. Rural Ireland is blighted by structural monstrosities which show no consideration for regional variations in style or choice of materials. Nobody is being asked to live in a thatched cottage,but one should consider the general context and environment and where possible to use: Irish or local materials, colours; Irish or local embellishments, patterns, finishes.

Next >>