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Planning applications

Forms and details to do with Planning Applications

Disclaimer

Please note that prior to making a planning application you should ensure that the requirements of the Planning & Development Acts 2000-2004 and Planning & Development Regulations 2001-2007 have been met.

Part V of the Planning and Development Act 2000

It is the policy of the Council to require a 20% quota of social/affordable housing, (in accordance with Part V, Planning and Development Act, 2000) to be provided from each housing development within the town, on zoned lands for residential use or mixture of residential and other uses. This requirement will be included as a condition of development, with the exception of an application for development of 4 or less houses, or for housing on land of 0.1 hectares or less (as specified in Section 97, Planning and Development Act, 2000 and as amended by the Planning and Development Act, 2002). It will be necessary for applicants to have pre-planning discussions with the Bray Town Council Housing Section, to ascertain the type and size of housing required, and to incorporate those housing types and floor areas (in accordance with the DoEHLG specifications) into the planning application drawings and specifications. Any application submitted otherwise will be treated as invalid.

A guide to making a planning application

This is a simple guide to understanding the planning system. You may wish to build or extend your house or a neighbourhood development is taking place which may affect you. Either way you want to know more about how the planning system works.

This is intended as a practical guide. It is not a definitive legal interpretation of planning law. For more information please contact Bray Town Council

When do I Need Planning Permission?

Generally you need planning permission for any development of land, not being exempted development, and in the case of development which is unauthorised, for the retention of that unauthorised development. The term development includes the carrying out of works (building, demolition, alteration) on land or buildings and the making of a material (i.e. significant) change of use of land or buildings.

What is Exempted Development?

Exempted development is development for which planning permission is not required. Categories of exempted development are set out in planning law. There are usually certain thresholds relating to, for example, size or height, where these thresholds are exceeded the exemptions no longer apply. The purpose of exemption is to avoid controls on developments of a minor nature, such as small extension to houses.

Are there Different Types of Permission?

Yes. There are four types of planning permissions. An application maybe made for:

The most common type of application made is for permission. There are circumstances when you may make an application for outline permission, if, for example, you want to see whether the planning authority agrees with your proposal in principle before you go the the trouble of making detailed plans. However, if you obtain outline permission, you will have to submit exact details and drawings to the planning authority not later than 3 years from the date of the grant of outline permission and get permission before starting work.

How much will it cost?

Please see this PDF document about fees for full details.

How long will it take to get Planning Permission?

The minimum period for the determination of a planning application is 5 weeks from the date of receipt of a valid application.

Generally speaking a properly completed application will be dealt with a planning authority in 12 weeks from the date of application to the final grant of permission. However, the period can vary - particularly if the authority need further information.

Can I consult the Planning Authority in advance?

You do not have to consult the planning authority before making a planning application, but it is often advisable to do so where you are unsure of local planning policies, how to apply etc. Depending on the type of development you may need to discuss connections to the public water supply, sewer etc. The larger the development proposal the greater the need for prior consultation.

Where can I find out about Local Planning Policies?

The development policies and objectives of the planning authority are contained in the Bray Town Development Plan. This can be viewed in the planning section

How do I make a planning application?

Forms and information are available on this site (top of this page) or from the planning counter in Bray Town Council offices.

What if my application is incomplete?

If your application:

The planning authority will declare the application invalid and return the application to the applicant. The planning authority no longer has the discretion to request additional information, plans or particulars from an applicant on an incomplete application. The statutory 8 week period for deciding the application begins from the time you submit a valid application.

What happens next?

Your application will be acknowledged within 2 weeks of receipt of the application and be placed on the planning register in the planning authority offices, for public inspection. It will also be included on the lists of planning applications displayed in the Council Offices and circulated to certain interest groups. A planner will inspect the site.

Can other people comment on my application?

Yes. Any person can see or purchase a copy of your application and make written submissions or observations, on payment of the prescribed fee, within a period of 5 weeks of receipt of the application by the planning authority, on any planning aspect of it These must be considered by the planning authority when determining your application.

How is a decision made?

In making the decision, the planning authority takes a number of matters into account, including:

The Council may not take non-planning issues into account e.g. boundary or other disputes, questions more properly resolved through legal means etc.

How will I know permission has been granted or not?

The decision to grant or refuse permission, will be notified to you, by post. The planning authority must notify the applicant and any person or body who made submission of the decision within 3 working days of the day of the decision. During the period of 4 weeks beginning on the date of making of this decision, you or any person who made submissions/observations may appeal it to An Bord Pleanala. In the case of a decision to grant permission, where there is no appeal the planning authority will formally give you the grant pf permission at the end of the appeal period. You must not commence work until you receive this notification. If the decision is appealed, you will receive from An Bord Pleanala, either the grant of permission, or the Bord may decide to refuse permission.

Can conditions be attached to my permission?

Planning permission may be subject to certain conditions, which will be listed on the decision. These may require changes to your proposal. You must comply with all of the conditions attached to the permission and finish work in accordance with them.

How long does permission last?

The standard duration for planning permission is five years from the date of the grant of the permission by the planning authority or An Bord Pleanala. Where outline permission has been granted any subsequent application for permission must be made not later than 3 years beginning on the date of the grant of outline permission. In certain circumstances the planning authority may extend the period of validity of a planning permission but only where:

If planning permission expires and you apply for a new permission for the same development, the planning authority may refuse permission or attach significantly different conditions. This can happen if planning policies or the requirements for the proper planning and development of the area have changed in the interim.

How can I stop unauthorised development?

If you think somebody is developing or using land with, or contrary to, a planning permission, you should contact the planning authority who will investigate the matter. Any person has the right to apply in either the Circuit or High Courts for an order restraining unauthorised development or use of land, or requiring compliance with a planning permission. Court orders can depending on the circumstances, be obtained at extremely short notice and the courts will ensure compliance with any order made.

Are there penalties for breaches of planning law?

Yes. It is an offence to undertake any work needing permission without that permission. Planning authorities have powers to stop unauthorised development and this can be a costly experience for the offender. You maybe required to rectify any unauthorised works and will have to pay whatever costs are involved. On conviction in the District Court, fines of up to €1904 can be imposed together with fines of up to €508 per day for continuing offences. The District Courts also have power to impose prison sentences of up to 6 months. On conviction in the higher Courts, the maximum fine is €12,697,000 and €12,697 per day for continuing offences and up to 2 years imprisonment.

Can I rectify a planning error?

Genuine mistakes can be made about the need for planning permission. If you undertake unauthorised development you may apply for permission to retain it. However, this approach should not be relied upon in order to avoid seeking planning permission before starting work, as you may not necessarily be granted permission for retention or you may be required to carry out costly modifications. The application fee is 3 times the ordinary planning fee. Permission for retention does not automatically absolve you from prosecution if enforcement action has already commenced against you. If you are buying property check that the building itself and any extensions or alterations to it have proper planning permission or are exempt from planning permission, since you as the new owner, maybe liable to enforcement action.

Do I need any other type of permission?

You will not be entitled solely by reason of a planning permission to carry out your proposed development. You may need other approvals, depending on the type of development. For example, all new buildings, extensions, alterations and certain changes of use of existing buildings must comply with the Building Regulations, which set out basic design and construction requirements. Development other than residential will probably require a Fire Safety Certificate under the regulations. You will also need permission if making a connection to a public water main or sewer.

The law governing the planning system is set out in the Planning and Development Acts 2000-2006, Planning and Development Regulations 2001-2007. These maybe purchased from the Government Publications Sales Offices, Sun Alliance House, Molesworth Street, Dublin 2.

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