Types of Property Planning Permission
Planning authorities usually define development as something along the lines of "the carrying out of work on, in or under land" or alternatively "making any material change to the use of building or structures already present on the land".
Unless the new development is specifically exempt from planning permission requirements, the developer must formally apply for planning permission from the local planning authority to proceed with their development proposals.
Planning permission is required for a large variety of changes of use of the land, ranging from the obvious, e.g. building a house on a new site, through less common change of uses, such as the replacement of broad leaf high forest by conifer species or the use of uncultivated land for intensive agricultural purposes or peat extraction.
Just as important as obtaining planning permission for a new house or agricultural building is the need for planning permission to retain a structure or a change of use for which planning permission was never obtained.
The timescale for obtaining planning permission from local authorities in Ireland can vary widely, depending on how involved the proposed development is and how well prepared the applicant is to respond to the issues that will raised by the members of the local planning board.
The first stage of the planning permission process takes four weeks.
After the receipt of application for planning permission, the local planning authority will then spend time checking that the application is valid and then they will acknowledge receipt of the valid application in writing.
The local planning authority will then refer the proposed development to other planning related bodies, such as the Department of the Environment, Roads Department, An Taise or the Health Board.
The next step is for the local planning authority to send an inspector to the site of the proposed development to check the details of the application.
The local planning authority will then deal with any submissions or objections received from 3rd parties that believe they may be affected by the proposed development.
The planning authority may take up to another four weeks to reach a decision or to request further information from the applicant. The applicant has up to six weeks to respond in full and when any further information requested is supplied the local planning authority has a further four weeks to make a decision.
If the application is declined, the applicant, or the agent acting for the applicant then has four weeks from the date of the decision to appeal the decision to An Bord Planala.
If the planning application is successful, the local planning authority will issue a final grant of permission. However, the actual development activity cannot begin until the developer submits, along with the relevant fee, the notice of commencement of work.
This article is intended as a general, basic guide to planning process of local authorities in Ireland. Planning law can often be quite complex and for more specific details and the latest regulations concerning planning, please consult the website of your local authority.
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