When Do I Need Planning Permission?
Generally you need planning permission for any development of land or property unless the development is specifically exempted from this need. Development : The carrying out of works on, in, over or under land or the making of a material change in the use of any structures or other land.
How can I arrange a pre-plan meeting with a planner?
You can arrange a pre plan meeting with a planner by contacting Planning Section at Tel 056 7794534. The duration of a pre-planning meeting is 30 minutes. Waiting time for a pre plan meeting is approx one week - but this may vary.
Before sending in your planning application ask yourself:
- Should I initially seek advice from the Planning Department on my proposal/application before submitting it? -
- Am I making the correct type of planning application - i.e. for permission or outline permission? -
- Have I completed all sections of the application form? -
- Have I paid the correct fee? -
- Is my site notice adequate, positioned correctly on site and legible? -
- Is my newspaper notice adequate, in an accepted newspaper and within the time limit?
- Have I included all necessary information? -
- Have I (or my agent) signed the form? -
- Do I need to meet any other non-planning application requirements? (e.g. fire safety certificate, consent to connect to a public sewer, Exemption Cert under Section 97 of the Planning and Development Act 2000 with the requirement for social and affordable housing).
What documentation must be submitted with my planning application?
This check list specifies the documentation that must be submitted with a planning application. See last page of Guidelines for Making a Planning Application.
How much does it cost to make a planning application?
Application for :
Planning Permission to construct dwelling house - € 65.00
Outline Permission to construct dwelling house - € 48.75
Application for Permission Consequent to Outline - € 34.00
Permission to construct extension/domestic garage - € 34.00
Permission to remove planning condition - € 80.00
The scale of planning fees is contained in the Planning Regulations 2001. Click on attached link and see pages 227-231.
How long does it take to get planning permission?
In most cases the Notification of Decision will issue no later than 8 weeks after the date of application. However, in some cases the Planning Authority may request additional information if the information provided by the applicant is deemed to be insufficient. In such cases the Notification of Decision will not occur until at least five weeks after the required information has been provided. In the case of applications which are not refused, the Notification of Grant of Permission will issue approximately 5 weeks after the date of the initial Notification of Decision.
In summary, in the case of applications which are not refused and which are not subject to a request for further information, the Notification of Grant of Permission will issue approx. 13 weeks after the date of application.
How do I apply for planning permission?
Applications should be made on the official planning application form. Copies of the form are available from the Planning Department and at www.kilkennycity.ie You will also need other documents such as plans and there will usually be a fee for making the application. A checklist guide to lodging planning applications is available to assist you in making your application.
Are there different types of planning permission?
FULL PERMISSION: An application for full permission requires an applicant to submit detailed plans and full particulars of the development. A successful application in this case will enable the applicant to commence development provided he or she is otherwise entitled to do so.
OUTLINE PERMISSION: Outline permission if granted means that the planning authority agreed to the proposed development in principle If the applicant wishes to receive full permission they must apply for 'permission consequent to the grant of outline permission'
PERMISSION CONSEQUENT TO OUTLINE PERMISSION: This type of application follows the grant of Outline permission. It provides for the submission of detailed plans and drawings of the proposed development.
Can I employ an agent to apply for permission on my behalf?
Yes, very few people go through the planning process without availing of the services of an architect or agent. This may take the form of somebody acting as your agent and dealing with the application in its entirety. Alternatively you may have someone prepare the plans/drawings for you and you will submit the application yourself.
What happens if my application is invalid?
If your application is invalid, that is, it lacks some of the required documentation; lacks the appropriate fee;-is in any other way inadequate; it is deemed to be invalid and will be returned to you and the fee refunded. The statutory eight-week period within which the Planning Authority must make its decision begins from the time you submit a valid application.
What newspapers are approved by Kilkenny Borough Council for planning advertisments?
The following is the approved list of newspapers for planning notices in respect of areas as specified within the functional area of Kilkenny Borough Council:
- Irish Independent for the entire functional area
- Irish Times for the entire functional area
- Kilkenny People for the entire functional area
- Munster Express for the Development Plan area of Thomastown and for that part of Kilkenny south of Thomastown
- Irish Examiner for Kilkenny City Environs and those parts of the functional area south of Kilkenny City Environs.
- Irish Sun for the entire functional area.
- Irish News of the world for the entire functional area.
What information should my newspaper notice contain?
Your newspaper notice must contain the following:
- Kilkenny Borough Council as a heading.
- The name of the applicant.
- The location, townland or postal address of the land or structure to which the application relates.
- Whether the application is for permission for development, permission for retention of development, outline permission for development or permission consequent on the grant of outline permission (stating the reference number on the register of the relevant outline permission)The nature and extent of the development, including:
- i. Where the application relates to development consisting of or comprising the provision of houses, the number of houses to be provided
- ii. Where the application relates to the retention of a structure, the nature of the proposed use of the structure and, where appropriate, the period for which it is proposed to retain the structure
- iii. Where the application relates to development which would consist of or comprise the carrying out of works to a protected structure or proposed protected structure an indication of that fact
- iv. Where the application relates to development which comprises or is for the purposes of an activity requiring an integrated pollution control licence or a waste licence, an indication of that fact
- v. Where a planning application relates to development in a strategic development zone, an indication of that fact
- vi. Where the application is accompanied by an Environmental Impact Statement, a statement to that effect
5. That the application may be inspected or purchased at the offices of the planning authority and a submission or observation in
relation to the application may be made to the authority in writing on payment of the prescribed fee (€20) within the period of 5
weeks beginning on the date of receipt by the authority of the application.
Do I submit the newspaper notice with my application?
The full page of the newspaper showing the notice of the application is required to be submitted with your application.
When do I erect my site notice and how long should I leave it up for?
Within the period of 2 weeks before you lodge the application, you are required to erect a site notice. The site notice must be maintained on site for a minimum period of 5 weeks from the date you lodge your application.
What information must the site notice contain?
The site notice must state the particulars; the nature and extent of the proposed development in the standard site notice form prepared by Kilkenny Borough Council. The content of your site notice is required to be in line with the content of your newspaper notice.
The site notice must contain the date on which it was erected.
The site notice must be A4 in size and on a white background.
Note: Where a planning application is made in respect of any land or structure and a subsequent application is made within six months from the date of the making the first application, the site notice for the subsequent application is required to be on a yellow background.
Where should I erect the site notice?
The site notice is required to be erected or fixed in a conspicuous position on or near the main entrance to the site/structure so as to be capable of being read by passers by from the public road.
It should not be concealed at any time.
Where there is more than one entrance from the public road, further site notices are required at each entrance.
Do I submit a copy of the site notice with my application?
A copy of the site notice is required to be submitted with your application.
What should the documents should be submitted with my application?
6 copies of the relevant page of the newspaper notice?
(The application must be handed in within 2 weeks of the notice appearing in the paper)
6 copies of the site notice erected/fixed on the land?
(Is it the correct colour?)
6 copies of site location map to a scale of not less than 1:1000 in built up areas and
1:1250 in all other areas (or other such scale with prior agreement of the Planning Authority)
with the site of the application outlined in red and the location of the site notice clearly marked?
Schedule of all plans, drawings, maps and reports accompanying application? - 6 copies
6 copies of:
(i) site layout plan?
(ii) Plans of the proposed development?
(iii) Elevations and sections?
(iv) longitude sections & plans of infrastructure?
Where relevant a certificate issued under Section 97 of the Planning & Development Act 2000 or if not issued, a copy of the application made for such a certificate? -6 copies
If a protected structure, photographs and other particulars as necessary? - 10 copies
Note: 1 original document is required in all cases
What other requirements apart from planning permission are there?
You must comply with all legislative requirements depending on the type of development. For example, all new buildings, alterations to existing buildings or changes of use except for those specifically exempted must comply with the building control requirements. They must all be designed and constructed in accordance with the Building Regulations and Fire Safety Certificates and Commencement Notices where applicable must be obtained prior to commencement of development. More detailed information is available on our website or your agent will advise you of the requirements for your proposed development.
What is Further Information / Additional Information?
The planning authority has the power to seek Further Information from the applicant in order to make a full assessment of an application. On receipt of the Further Information the planning authority has 4 weeks to make a decision (8 weeks if accompanied by an E.I.S.).
What is Clarification of Further Information / Additional Information?
Having received the Further Information requested, the planning authority has the power to seek Clarification of the Further Information received if necessary. On receipt of the Clarification of Further Information the planning authority has 4 weeks to make a decision. (8 weeks if accompanied by an E.I.S.).
Under the Planning regulations how long do the public have to lodge objections to additional information?
In accordance with Article 35 of the Planning and Development Regulations, persons who made a submission or observation on a planning application will only be notified of the receipt of Further Information or Clarification of Further Information, where that FI or CFI is considered significant and requires new public notices. Objectors have 2 weeks ( 5 weeks in case of applications accompanied by an EIS) from the date of receipt by the Planning Authority of the revised notices, to make further submissions/observations. No further fee is required. Other persons wishing to make a submission/observation will be required to pay the prescribed fee.
Can conditions be attached to my permission?
Yes. The decision to grant permission can be made with or without conditions which will be attached to the decision.
If the application is granted, when can I begin building?
There is an appeal period of four weeks from the date of issue of the decision. During this time an appeal may be made to An Bord Pleanala. If no appeal is lodged the Planning Authority will formally grant permission at the end of the four week period. A commencement notice should be completed and received by the Building Control Authority not less than 14 days and no more than 28 days before the commencement date of the development works. The notice must be accompanied by the relevant fee. It is only after this notice is validated that development work can commence.
How will I know if my application has been granted?
You will be notified in writing of the Planning Authority's decision to grant permission. This notification is not an entitlement to commence development. You must wait a period of four weeks in case of an appeal to An Bord Pleanala.
Can I make an objection?
The Submission/Observation/Objection must be made in writing and signed. - It must state the name and address of the person making the submission and indicate an address for correspondence relating to the application. - It must be lodged with the planning authority within the first five weeks of receipt of the application along with a fee of €20.00.
Can I withdraw a submission/observation?
There is no mechanism in the regulations for the withdrawal of a submission/observation/objection. You may, however, make a further addition to your submission/objection instructing the Planning Authority to disregard your original observations. Only documents submitted within the first five weeks can be accepted and both documents will remain on file.
If I disagree with a decision made by the planning authority, what are my options?
In order to appeal the decision of the Planning Authority you must have objected to the proposed development within the first five weeks of the application being made. If you disagree with a decision made by the Planning Authority you can appeal the decision in writing to An Bord Pleanala with the payment of a prescribed fee which can be found on An Bord Pleanala's web site www.pleanala.ie
If my application is refused, what are my options?
If your application is refused you can appeal this decision to An Bord Pleanala with the payment of a prescribed fee.
Is there any circumstance under which I can make an appeal as a third party if I have not made a submission within the five week period?
Under Article 37 (6) (a) of the Planning & Development Act 2000 a person who has interest in land adjoining the site may "apply to the board for leave to appeal". This means they have the right to make their case to the Board that they should be allowed to appeal. Also, if significant further information is submitted which the Planning Authority requires to be advertised, submissions may be made during the period of two weeks from the publication of the advertisement. Persons making these submissions may also make an appeal
What is a development contribution, and will I have to pay one?
The Planning and Development Acts allow that when granting planning permission a local authority may, as a condition of that planning permission, require the payment of a contribution in respect of public infrastructure and facilities. Such contributions may be related to works benefiting development in the 'area of the planning authority' rather than just facilitating the proposed development.
Details of the current Development Contribution Scheme, operated by Kilkenny Borough Council are available separately or can be viewed at our Web page at www.kilkennycity.ie:
Roads: This charge will contribute to improvements to local and regional roads.
Water: The charge for water includes the upgrading of existing and the construction of new water treatment works and mains.
Sewerage: The improvement and upgrading of existing facilities and the provision of new sewerage comes from this charge.
Open Space/ Community: The charge made in relation to open space and community goes towards the provision and maintenance of open spaces, parks, and walkways. It also contributes to Urban and Village Renewal works and other community facilities including tourist related development.
What are Commencement Notices?
Pursuant to The 1990 Building Control Act and The 1997 Building Control Regulations, Commencement Notices must be lodged, subject to certain exemptions, to the Building Control Authority (Kilkenny County Council) by any person who intends to carry out any works or a change of use on their property.
When do I submit a commencement Notice?
Notices should be submitted not less than 14 days and no more than 28 days before the commencement of such works. It is probably preferable to define works as the first physical act of construction.
What form should the commencement notice take?
Commencement Notice Forms may be obtained from the Planning Department, Kilkenny Borough Council or can be downloaded from our website.
What happens if I do not submit a commencement notice?
The primary responsibility for compliance rests with designers, builders and building owners. Building Control authorities have power to inspect design documents and buildings, as well as powers of enforcement and prosecution where breaches of the regulations occur. There are heavy penalties, including fines and imprisonment, for breaches of the regulations. In addition, when it comes to selling your property, you may have difficulties if you cannot satisfy the purchaser's solicitor that the requirements of the regulations have been met.
I've been refused planning permission for a particular reason; can I apply on the site again?
You can re-apply but if you do not address in some way the original reasons for refusal it is most likely that the same decision will be made again.