Planning Permission (Leaving Cert Construction Studies): Revision Notes
Planning permission
What is planning permission?
Planning permission is a legal requirement that forms a crucial part of Ireland's development control system. The planning process, established under the Planning and Development Acts, allows the government to anticipate and manage growth in different areas while ensuring proper services are provided to communities.
The process works hand-in-hand with each area's Area Development Plan, which sets out building guidelines for localities. All planning applications are assessed against this plan, ensuring consistency across regions and helping planners provide appropriate services to developments.
Planning permission must be obtained for any significant building project and is granted by the local authority (the local rural or urban council through their planning department).
The planning system operates as a comprehensive framework that balances development needs with community interests, ensuring that new constructions align with local planning objectives and maintain the character of different areas.
Why is planning permission required?
There are several important reasons why the planning system requires permission for development:
Legal and administrative reasons:
- It fulfils a legal requirement under Irish law
- It keeps the local council informed about all development in their area
- It ensures proper regulation of new building work
Public safety and information:
- It informs the public about proposed developments in their area
- It prevents the construction of unsafe buildings
- It ensures entrance and access safety for traffic and residents
Planning and design control:
- It ensures buildings comply with the local council's Area Development Plan
- It controls the height, shape, design and location of new buildings
- It maintains consistency with existing development
The planning system serves as a critical safeguard against unsafe construction practices and ensures that all developments meet established safety standards for both residents and the wider community.
Purpose of planning permission
The planning permission system serves three main purposes in promoting good development:
- Provide better design in communities - ensuring new development enhances rather than detracts from local areas
- Maintain the tradition of the area - preserving the character and heritage of different localities
- Promote Irish building methods and styles - encouraging appropriate architectural approaches
It's worth noting that a house granted planning permission in one area may be refused permission in another due to different local considerations and area-specific guidelines. This reflects the importance of local context in planning decisions.
Types of planning permission
Ireland has four distinct types of planning permission, each serving different purposes:
Full permission
This is the most commonly used type of planning permission. When granted, it gives clear authorisation for a person or company to construct a new development or reconstruct an existing building exactly according to the submitted plans and specifications. Full permission provides definite approval to begin construction, though it must still comply with any conditions set by the local authority.
Outline permission
This type is used to determine whether the local authority would likely approve development on a particular site. Unlike full permission, outline permission doesn't require exact technical details or detailed drawings in the application. While it doesn't authorise construction to begin, outline permission offers several advantages:
- It increases the value of a development site
- It helps developers understand the local authority's intentions
- It identifies potential issues regarding heritage, road access, visual impact, percolation areas and proximity to other buildings
Permission consequent to outline permission
This follows on from outline permission and must be applied for within three years of outline permission being granted. This type of permission clarifies the exact plans and specifications for the development that will actually be constructed, providing the detailed technical information that outline permission doesn't require.
Critical Deadline Alert
Permission consequent to outline permission must be applied for within three years of outline permission being granted. Missing this deadline means starting the entire process over again.
Retention planning permission
This is required when unauthorised development has already taken place, or when a developer hasn't followed conditions set by the local authority. Retention permission has two significant disadvantages:
- If retention is refused, the unauthorised building must be demolished
- The application costs three times more than a standard full planning permission application
Warning: Retention Permission Risks
Retention permission is significantly more expensive and carries the risk of demolition if refused. Always seek proper planning permission before beginning construction to avoid these costly complications.
When planning permission isn't needed
Planning permission isn't always necessary. Property extensions can be built without permission if they meet all these specific criteria:
- The extension is located to the rear of the property
- The extension doesn't exceed 40 square metres in area
- The extension doesn't affect the property's façade (front appearance)
- The property hasn't been previously extended
All Criteria Must Be Met
For an extension to proceed without planning permission, it must satisfy all four criteria simultaneously. If any single requirement is not met, planning permission becomes mandatory.
If the proposed extension is larger than this or located elsewhere on the property, planning permission must be obtained.
Change of use
Sometimes planning permission is needed to change how part of an existing building is used. For example, converting a garage into a living room requires permission because the original garage wouldn't have met the thermal insulation and lighting requirements that apply to living spaces.
To change the room's use, the building must be upgraded to meet the technical standards for the new purpose, such as improved insulation and additional windows.
Worked Example: Garage to Living Room Conversion
Original use: Garage (basic building standards) Proposed use: Living room (residential standards)
Required upgrades:
- Enhanced thermal insulation to meet residential standards
- Additional windows for natural lighting requirements
- Improved ventilation systems
- Upgraded electrical systems for domestic use
Result: Planning permission required due to change of use and technical upgrades needed
Planning stakeholders
Six main groups are involved in the planning process:
Developer - The person or company seeking planning permission, whether for a single house or large development
Local planning authority - The planning office of the local council where the development will take place
General public - Individuals, groups or associations with an interest in or concerns about the proposed development
An Bord Pleanála (Planning Appeals Board) - Handles all appeals against local authority planning decisions. Anyone wishing to object to a development goes through their local authority first, but appeals can be made to An Bord Pleanála, whose decisions are final except on legal matters
Environmental Protection Agency (EPA) - Becomes involved when an Integrated Pollution Prevention Control (IPPC) licence is required. The EPA's role involves assessing, licensing, enforcing and monitoring environmental issues
An Taisce - Ireland's national heritage organisation, which aims to conserve the country's built and natural heritage
The planning process timeline
Planning permission (both full and outline) remains valid for five years from when it's granted. In certain circumstances, the planning authority may extend this period when substantial work has begun and a reasonable completion timeframe is agreed.
If planning permission expires, it's possible to reapply, but approval isn't guaranteed. Planning policies may have changed, or the proposed development might now negatively impact the landscape if other development has occurred nearby.
The planning process follows a structured timeline:
Beginning: Application advertised in local paper and site notice erected Within 2 weeks: Applicant submits full application, fee and all required documents 2-5 weeks: Local authority considers application, including public submissions and objections 5-8 weeks: Authority issues decision notice or requests additional information 4 weeks after decision: If permission granted and no appeal made, authority grants final permission
Timeline Overview
The entire planning process typically takes a minimum of 5-8 weeks from application to decision, though this can be extended if additional information is requested or if appeals are made to An Bord Pleanála.
If planning permission is refused, applicants can submit plan variations (requiring a new fee) or challenge the decision through An Bord Pleanála.
Planning procedure steps
The planning application process involves these key steps:
- Engage an architect to design the development
- Give clear brief of what the development should achieve
- Produce sketches and drawings showing the proposed development
- Put notice in newspaper and on site to inform the public
- Submit plans within 14 days of the notices appearing
Required documentation
Comprehensive documentation helps the local authority understand both the proposed development and its impact on the local area. Applications must include:
Basic application materials:
- Completed application form
- Copy of newspaper notice page
- Copy of site notice
- Relevant fee payment
Technical drawings and maps:
- 6 copies of site location map (scale 1:1000 in built-up areas, 1:2500 in other areas)
- 6 copies of site layout map (scale 1:500)
- 6 copies of properly dimensioned plans, elevations and sections with full specifications (scale no less than 1:200)
Additional requirements:
- Details of septic tank treatment system (if applicable)
Documentation Precision
All technical drawings must be submitted at specific scales and in multiple copies. The precision of these requirements reflects the technical nature of planning assessment and the need for accurate evaluation.
Site notice
A site notice must be erected at an accessible part of the development site where it's clearly visible to passers-by. This serves as public notice of the intention to seek planning permission and must remain in place throughout the application period. The developer is responsible for maintaining the notice.
Newspaper notice
This provides broader public notice of the development intention through local newspaper publication. The notice must reach the local authority within two weeks of the newspaper's publication date to be considered valid.
Maps and plans
Site location maps identify where the site is located relative to the local area and should use Ordnance Survey mapping. Site layout maps show what the developer proposes the site will look like after construction, including building locations and major landscaping. The position of the site notice must be marked on the site layout map.
Plans contain detailed structural drawings including floor plans, elevations and sections, along with specifications of materials and other construction details.
Fees and charges
The cost of planning permission applications varies depending on the type of permission sought and the size of the proposed development. Additional local area charges and service charges may also apply.
Site location and site layout maps are available from Ordnance Survey Ireland. Consider these additional costs when budgeting for your planning application process.
Reasons for refusal
Planning authorities assess all proposed developments using the same process and criteria. Planning permission can be refused for various reasons:
Area Development Plan compliance:
- Application doesn't comply with the Area Development Plan
- Proposed build doesn't blend with existing built or natural environment
Procedural issues:
- Planning authority wasn't properly consulted about the build
- Developer is not from the local area (a condition some local authorities impose)
Infrastructure and safety concerns:
- Once-off developments aren't permitted at the proposed site
- Proper sewage treatment isn't available
- Site is unsuitable for private sewage treatment facility
- Access road is unsuitable for additional traffic
- Site entrance is unsafe for traffic and/or residents
Common Refusal Prevention
Before refusing permission, the local authority typically contacts the developer to explain their objections and provides an opportunity to address these concerns where possible. Engaging early with planning officials can help identify and resolve potential issues.
Key Points to Remember:
- Planning permission is mandatory for significant building projects and is granted by local authorities under the Planning and Development Acts
- Four types exist: full permission (most common), outline permission (tests feasibility), consequent permission (follows outline), and retention permission (for unauthorised work)
- Small rear extensions under 40m² may not need permission if they don't affect the façade and the property hasn't been previously extended
- Documentation is extensive including application forms, notices, maps at specific scales, detailed plans, and fees
- The process takes 5-8 weeks minimum and permission lasts five years, with appeals possible through An Bord Pleanála