Looking to Sell
Planning Application
People tend to fear the planning permission stage. We hear stories of cousins or neighbours stuck in a planning row for months, sometimes years. In our experience, most of this is either highly exaggerated or is a result of a poorly motivated planning agent or an inadequate application, lacking in the basic facts necessary for the planning authority to grant permission.
Before appointing an agent to act on your behalf you should question whether or not they are suitably qualified. Many self-styled planning consultants possess little or no professional qualifications. A lack of planning expertise can jeopardize the success of your planning application or appeal. It can lead to unnecessary redrafting of drawings and costly changes during the construction stage if the structure is not properly designed and specified. Ensure any agent working on your behalf has appropriate indemnity insurance.
By appointing SOCIAL HOUSING CO., you can be confident in the knowledge that we have the necessary professional qualifications, and experience to provide you with a proficient planning solution. We are also fully insured to protect your interests.
The planning authorities are very fair. However, to gain their respect, you must respect the planning system by preparing the best possible planning application. Give the authority every opportunity to grant you permission. Use a professional organisation like us to avoid the pitfalls of an unsuccessful application.
There are three strands to an exemplary planning application. The first is creating an excellent presentation, which includes completing the appropriate forms and ensuring every box is ticked. The second is ensuring that all the technical content is correct and presented in a clear format. This includes top quality drawings, as well as reports completed to a high standard. Finally, a clear reasoning behind why you should get planning is needed. This makes your application very difficult to refuse.
SOCIAL HOUSING CO. have been dealing with the planning authorities for many years. Our vast experience and training mean that we are familiar with the trends and styles that are favoured by the planning authorities. Our record of getting planning permission granted for different projects is exemplary. And on the very rare occasion that we do get a refusal, we see this merely as just another hurdle to overcome in getting your planning permission. Through negotiation, revision and effective communication with the planning authority often those refusals can be overturned.
We can manage the entire process for you from pre-planning consultations to being granted approval. The likelihood of being granted planning depends on how you approach it from the very beginning. We are experts in formulating successful planning applications and developing a strategy to secure your planning permission in a timely and cost-effective manner. If you fail to plan then you plan to fail; therefore, having a well thought out strategy in place before your formal submission is vital. We can design an appropriate strategy that meets your exact situation and proposal. Successful planning applications require a confident understanding of planning legislation, planning policy and planning guidelines. Ensure your application is dealt with appropriately and contact us to talk about your planning application.
A Guide to Planning Permission in Ireland
It is compulsory to have planning permission before you start to build a house or, you may even need permission before you even start to clear your site, specifically if you are making or widening access to a public road, demolishing a structure that was last used as a residence or demolishing a building in a terrace or one attached to another in separate ownership.
Proceeding to build without planning permission will go against the planning laws and cause the local planning authority to get involved. This may lead to expensive demolitions, or even imprisonment, and can cause a serious problem for you selling your property at a later date. Lenders will not furnish money to a potential buyer unless your property satisfies the local planning rules.
Before you start planning, you should consult with SOCIAL HOUSING CO.. We are familiar with Development Plans and Local Area plans. These state your local planning authority’s policies for land use and may advise on specific local restrictions in relation to sewage systems, etc.
It is pointless to submit a plan that does not align with the Local Authority Development Plan, as it will not be accepted. We will be able to tell you whether your proposals are likely to comply with the Development Plan for your area. This will save you time and money in the long run.
Type of Permission
There are four types of planning permission only three of which are relevant to the current discourse: permission, outline permission and permission consequent on outline permission. The most common type is permission, sometimes called full permission.
However, if you want to see whether the planning authority agrees in principle to your building, a house on a particular site or when building a large extension, you might apply for outline permission. In this case you only have to produce the plans and particulars that are necessary to enable the planning authority to decide in relation to the location, layout or other proposals for development.
If you get outline permission, you will have to submit detailed drawings and receive consequent permission before you start your building work. Generally, outline permissions have a three-year duration.
It is an offence to carry out any work that requires planning permission without planning permission, and the offence can carry very heavy fines and imprisonment. However, if a genuine mistake has been made, it is possible to apply for planning permission to retain an unauthorised development. This permission may be refused, in which case, the unauthorised development will have to be demolished.
How do you apply?
It is best advised to use SOCIAL HOUSING CO. to submit your application for you. We will ensure the planning application is up to standard with a high-quality presentation, good technical content and a clear reasoning as to why you should be granted planning permission.
Contact us and we will be happy to make the application on your behalf.
Public Notice
You must give a public notice of your proposals before making an application. This must be done by placing a notice in a locally circulating newspaper from the list published by your local authority and putting up a site notice that can be clearly read.
The application must be received by the local authority within two weeks of the notice appearing in the local newspaper and the erection of the site notice. The site notice must remain in place for at least five weeks from the date of lodgement of the planning application.
Documents to include in your application
- Six copies of a location map of sufficient size, containing details of features in the vicinity such as to permit the identification of the site to which the application relates.
- Site or layout plan (six copies).
- Other plans, elevations and sections (six copies).
- The page of the newspaper containing the public notice.
- One copy of the site notice.
- Copies of public notices (newspaper and site).
- A plan showing the position of the site notice.
- Where appropriate, a certificate issued by the planning authority stating that compliance with Part V of the Planning and Development Act 2000 shall not apply to the development. If such a certificate has been applied for but not issued, a copy of the application, which itself must meet specific requirements will suffice.
- The appropriate administration fee to the local planning authority.
* Please note that it is necessary to have a license to reproduce maps. Planning applications are screened for unlicensed copied material.
The requirements of the planning and development regulations can be complex, as they can affect the documentation to be submitted with a planning application. If the documentation does not comply with the requirements then the application will be returned by the local authority as invalid, thus delaying the process.
How long does it take?
Generally the local planning authority must decide on a planning application within eight weeks of receiving the application. However, if the local authority invalidates the application, needs more information, or if the decision is appealed, it will take much longer, so it is important to supply all information correctly.
How much does it cost?
You have to pay a fee to the local planning authority with your application. Different fees apply to different types of developments. Social Housing Co. caters specifically to your needs. We are competitively priced and guarantee the highest quality of service.
What happens after you have applied?
Your application will be checked by the local authority and, if it is validated, you will be sent confirmation that your application has been received and, it will be placed on the planning register in the planning authority offices for public inspection. Your application will also be included on the lists of planning applications displayed in council offices, public libraries and circulated to certain interest groups. A council official will usually inspect the development site; you may be asked to make an appointment to allow access.
Any member of the public has the right to inspect or purchase a copy of your planning permission and, on payments of a fee of twenty euros, make a written submission or observation on it. The submission or observation must be made within five weeks of the date of receipt of the planning application. Comments must be based on planning considerations not on personal likes or dislikes.
After considering all information and referring to the local development plan a decision will be made by the local authority on your planning application and it will be relayed in writing to you and anyone who commented on it.
What happens after you receive permission?
If the local authority decides to grant you planning permission, you will receive a notice of that decision. If there are no appeals against the decision to An Bord Pleanála within four weeks of the date of this decision, you will receive the grant of permission from the local authority.
You must not start building before you receive the grant of permission. Normally, planning permission is subject to conditions, some of which may require changes to your proposals.
Planning permission normally lasts for five years. You may be required to make a financial contribution towards the construction of any road, water supply or sewerage scheme that may be necessary.
What happens if you are refused?
If the local authority refuses your application it will give you the reason for this. You have four weeks from the date of their decision to appeal to An Bord Pleanála. You can also appeal conditions attached to your permission. Your appeal must include the full grounds of the appeal with supporting material and arguments and the appropriate appeal fee required by An Bord Pleanála.
Launching an appeal with An Bord Pleanála is a serious step, as it is really your last resort. Consult with SOCIAL HOUSING CO. and we will assess all the elements of your refusal. We will advise you on what is the best course of action for you. This may not be to launch an appeal straight away. It may be more beneficial to examine the grounds for refusal and submit a new application to the local planning authority. Either way, put our expertise and experience to work for you, so you can be assured your appeal will have the best possible chance of success.
Before making an application to ensure your application gets dealt with as speedily as possible, there are a number of key issues you need to focus on before making your application.
Sight Poles
In areas where the planning authority deem having high amenity value, it is often requested for sight poles to be erected. These are poles painted in one-meter segments in white and red that are erected on site to represent the height and length of the proposed structure. The planning authorities use these sight poles to assess the visual impact of the proposed structure on the landscape and amenity of the area. This will assist the Council in making a more complete assessment of the effect of the proposed development on the amenities of the area. In some cases, it may be necessary to choose an alternative site which has a lesser impact.
Development Design
When considering design for any social housing development, you should take particular care that it will be compatible or sympathetic to the adjoining landscape and other houses in the locality. This applies specially to roof type, windows, brick type, porches etc. Contact us for advice in choosing an acceptable design.
Water Supply
Where water supply is from a group scheme, a letter from the Promoter of the scheme confirming the applicant has permission to connect to it should be submitted with the application. The name of the Group scheme should be clearly indicated.
Surface water run-off
Surface water run-off from elevated sites causes the most problems. Plans should indicate proposals for collection and disposal of run-off from embankments and the provision of channels, kerbs or grids for run-off from paved areas. Similarly, proposals to ensure that no water from the public road enters the site should also be shown. In major developments, estimates of storm run-off and assessment of the capacity of the receiving drain to accommodate it should be submitted.
ESB and Telecom Poles
Existing poles should be shown on site layout plans along with proposals to recite, if necessary. All poles should be located along or behind the proposed fence line or replaced with underground ducting, where appropriate.
We can investigate, for you, the feasibility of having a supply connected to your dwelling or having existing ESB or Eircom lines diverted. There is a charge for getting connected to the ESB and this varies, depending on the distance from your nearest connection.
Demolition of habitable house
If you want to demolish a habitable house, you will require planning permission. This should be included in the public notice and the additional fee of 80 euros paid.
Development which encroaches on land not owned by occupant
Where an application clearly involves some work on land that is outside the site boundaries, you can avoid delays by sending that in with the original application, letters from the landowner or other persons affected, giving their consent to the proposal. Topics may include hedge removal as referred to under traffic safety, septic tank close to boundaries, shared walls, overhanging eaves, gutter, use of right-of-way for access etc.
These letters should be clear as to what is proposed and as accurate and legible as possible. If possible, there should be a legal agreement or sufficient to form the basis of a legal agreement. The letters submitted should clearly state whom the agreement is between and exactly what is being consented to.
Points of Information
Sometimes planning permission is subject to conditions, which may require changes to your proposals. (For example, you may be required to make a financial contribution to the construction of any road, water supply or sewerage works, which may be necessary)
If the local authority refuses your application, they will give you the reasons for this, and you have four weeks to appeal to An Bord Pleanála. Click here for further information on planning appeals.
Retention Planning
It is possible in certain circumstances to apply for planning permission to retain a structure that has been built without permission or changes that have been made during construction over the years that altered the look of the property or layout. Before you can sell, this property must first be planning permission compliant. To regularise an already constructed property you can apply for planning permission to retain the changes. Applying for retention planning is very straightforward and the vast amount of applications are granted without difficulty, once they are presented in the right manner to the local authority. We can put together a Retention Planning Pack that is tailored to your needs.
Of course, there are other facets to our planning expertise.
Planning Submissions or ‘Planning Objections’
Anyone in Ireland has the right to see a planning application made to a local authority. You also have the right to make a written submission or observation on the application. This is commonly known as ‘objecting’ in Ireland. Declan Noonan & Associates can help you put together your written submission commenting on a planning permission application and submit it to the relevant authorities. We will examine all angles of the planning application and look at all the ways in which the proposed building will impact on you. We will put together your case in a well presented and clearly reasoned argument that covers all aspects of the planning application. Our thorough approach ensures your submission will be taken seriously by the local authority.
Time constraints are also a factor to consider when sending in a submission to the planning authority. Planning submissions must be made within five weeks of the date of receipt of the planning application by the local authority. Therefore, acting quickly is crucial in order for us to put together the best submission/objection possible.
Furthermore, if you do not make a submission or an objection to the local authority, you cannot make a submission to An Bord Pleanála. If you have any concerns at all about a proposed development, our advice is to make a submission to the local authority. You then have options regardless of how the planning application develops. No submissions mean no voice.
However, we do advise that all submissions or comments must be factually correct and relevant. The planning authority will simply ignore any submission that is not presented correctly. Getting the professionals here at Declan Noonan & Associates to make the point on your behalf will increase your chances of getting your point across and having it taken on board by the planning authority.
A planning observation or planning submission needs to push the correct buttons with the planning authority to be successful. One needs to point out in simple terms how the development will affect you and the enjoyment of your property. Having Declan Noonan & Associates make the submission on your behalf will ensure the planning authority will have to take note of the submission as it will contain all the facts and factors that the planners will have to consider. Any professionally prepared submission will force the planners to address the concerns you have as to how your property is being affected.
As SOCIAL HOUSING CO. have diverse knowledge and experience, we have all the expertise to make a very challenging submission on your behalf. At the very least the planning authority will be obliged to make a written report stating the reasons why your submission was not acted on. This response to your submission can be very beneficial to any subsequent An Bord Pleanála submission.
Why choose Social Housing Co. to manage your submission for you?
We have years of experience dealing with the local planning authorities. We are familiar with the trends that planning authorities follow. We can advise on the likely route the planning authority will take with the application you are objecting to.
We examine each and every aspect of the planning application. We begin with a site visit where we look at site location, building location, percolation tests, etc. We examine the impact the proposed structure will have on you. We often are asked to put together submissions based on a proposed development blocking a view. It is a common misconception that we are entitled to a view. However, it is more than likely there will be other issues we can base your submission on.
We also forensically examine the application to ensure every technicality and the correct procedure was followed. We will expose any inadequacies and therefore question the validity of the planning application. You can rest assured that we will cover all angles for you in your submission.
Your comments or submissions must be based on planning considerations, not on personal likes, dislikes or grievances. When putting together your submission we will base it on all of these planning considerations:
- National and regional guidelines and ministerial directives
- Policies and objectives of the development plan
- Policies and objectives of any local plan. A local plan shall be consistent with the objectives of the development plan and shall consist of a written statement and a plan/plans indicating the objectives for the proper planning and sustainable development of the area to which it applies. It can include details on community facilities and amenities and on standards of design in developments and structures. See also the section on local plans in the “development plan” paper.
- Local considerations such as site development density, parking provision, traffic hazards, overlooking, effects on residential amenity, etc.
- Public health
- Environmental, amenity and shopping impacts
- Other material planning matters.
Anyone making a planning submission without a detailed knowledge of the above issues are simply hoping for the best and not giving themselves every opportunity for success.
Planning Submission Procedure
Applicants for planning permission must put up a site notice and advertise in a local newspaper so you may find out about an application that way. Local authorities must prepare weekly lists of planning applications and make them available for inspection for at least 8 weeks in their offices and public libraries.
You are entitled to see all the documents submitted with a planning application, which will be kept at the offices of your local authority. Planning authorities cannot rule on an application until 5 weeks have elapsed from the date of its receipt.
Your comments must be in writing to your local authority. If possible, you should quote the planning application’s reference number. You must quote your name and address and postal address (if different).
Your submission/observation must be acknowledged by the local authority and you must be notified of the planning decision. The planning authority charges €20 for entering a submission/observation on a planning application.
Anyone who has made written submissions/observations and paid the necessary fee must be informed of the decision by the local authority within 3 days of making the decision.
If you made a submission/observation that has been acknowledged by the local authority, you have the right to appeal its planning decision to An Bord Pleanála. You also have the right to be informed of any other appeals that have been lodged to An Bord Pleanála and to receive a copy of the appeal.
Our service is tailored exactly to your needs. We calculate our fee based on the time it takes to prepare a submission.
Further Information
Anyone in Ireland has the right to see a planning application made to a local authority. You also have the right to make a written submission or observation on the application. This is commonly known as ‘objecting’ in Ireland. SOCIAL HOUSING CO. can help you put together your written submission commenting on a planning permission application and submit it to the relevant authorities. We will examine all angles of the planning application and look at all the ways in which the proposed building will impact on you. We will put together your case in a well presented and clearly reasoned argument that covers all aspects of the planning application. Our thorough approach ensures your submission will be taken seriously by the local authority.
Time constraints are also a factor to consider when sending in a submission to the planning authority. Planning submissions must be made within five weeks of the date of receipt of the planning application by the local authority. Therefore, acting quickly is crucial in order for us to put together the best submission/objection possible.
Furthermore, if you do not make a submission or an objection to the local authority, you cannot make a submission to An Bord Pleanála. If you have any concerns at all about a proposed development, our advice is to make a submission to the local authority. You then have options regardless of how the planning application develops. No submission equates to no voice.
However, we do advise that all submissions or comments must be factually correct and relevant. The planning authority will simply ignore any submission that is not presented correctly. Getting the professionals here at SOCIAL HOUSING CO. to make the point on your behalf will increase your chances of getting your point across and having your it taken seriously by the planning authority.
Respond to submissions or objections
Here at SOCIAL HOUSING CO. we can work with you or your appointed planning agent to respond to objections/submissions that have been made on your application.
Response to Submissions or Request for Further Information
SOCIAL HOUSING CO. can handle all aspects of the planning process including responding to a submission or someone ‘objecting’ to your planning application or a request for Further Information by the Planning Authority. If someone has made an observation or objection to your planning application or a Further Information Request has been served and you feel your current planning agent is not up to the situation or is not experienced in this area, give yourself every opportunity and call in the planning experts. We will be more than happy to respond to what is called a 3rd party observation on your application. We have many tactics to deal with any submission and we feel you can benefit from our expertise. Don’t take the chance. Give your application every chance of success. If we are on your side you can be assured every avenue will be explored and any deficiencies in your proposals addressed.
We also undertake re-zonings submissions, development plan variations submissions, and local area plan submissions.
If you receive a Further Information Request from the local planning authority, you are nearing the end of the planning process. It is highly likely that you will be granted planning permission if you respond appropriately to the questions or the information requested. As you are so close to being granted planning permission, do not leave it to chance. If you are unhappy with your current planning agent, or feel they do not have the technical abilities to respond effectively, or you are trying to manage the planning process yourself and are unsure of how to respond, ask us to have a look at your planning application. Our planning expertise means we can assess a planning application at any stage and advise on the appropriate next steps for you to take.
We can then decide whether it is suitable for us to respond for you or we can guide your current planning agent through the process ensuring any deficiencies are removed. This gives your application every chance of success. Don’t hesitate to contact us. It is you and your family’s future at stake. Just ask and, at the very least, we will give you an unbiased opinion on what your next steps are.
Request for ‘Further Information’ or ‘Clarification’
‘Further Information’ is requested if the Planning Authority consider it necessary to gain additional information in order to decide on the application. The applicant must reply to each point of the request for ‘Further Information’ fully, within six months of the request being made. However, the planning regulations allow the planning authority to agree an extension of the six-month limit by a further three months. This time can be used to get clarification or obtain further information or in cases where, for various reasons, the applicant has difficulty in complying with the six-month time limit.
Any request to the planning authority to agree an extension of three months should be made in writing prior to the expiry of the six-month period.
If the request for further information is not responded to fully within the six- or nine-month period(agreed), then the application is deemed withdrawn.
If the Planning Authority needs to clarify the points of Further Information submitted by the applicant in order to make a decision, it may request ‘clarification’ on some or all of the ‘further information’ submitted. The applicant must reply to the request for ‘clarification’ in full, otherwise the application is deemed withdrawn. If the applicant makes a satisfactory reply to any or all of the above request(s) the Planning Authority must then make a decision on the application, i.e. Grant or Refuse Permission, within 4 weeks of the date of a satisfactory response to the above request (except where an E.I.S, has been submitted, where the period extends to 8 weeks).
Planning Appeals – An Bord Pleanála
If you are unhappy with a decision by your local planning authority against your planning application, you can appeal that decision to An Bord Pleanála for a second opinion. If you appeal a decision to An Bord Pleanála, the local planning authority decision is set aside and every aspect of your application is viewed afresh. Every appeal must follow a very strict procedure. It is very common for an appeal made by an inexperienced individual to be refused validation and rejected by An Bord Pleanála because the strict procedure was not adhered to. It is advisable to get some expert help when submitting an appeal.
Launching an appeal with An Bord Pleanála is a serious step, as it is really your last resort. Consult with SOCIAL HOUSING CO. and we will assess all the elements of your refusal. We will advise you on what is the best course of action for you. This may not be to launch an appeal straight away. It may be more beneficial to examine the grounds for refusal and submit a new application to the local planning authority. Either way, put our expertise and experience to work for you, so you can be assured your appeal will have the best possible chance of success.
If you are unhappy with a decision by your local planning authority against your planning application, you can appeal that decision to An Bord Pleanála for a second opinion. If you appeal a decision to An Bord Pleanála, the local planning authority decision is set aside and every aspect of your application is viewed afresh. Every appeal must follow a very strict procedure. It is very common for an appeal made by an inexperienced individual to be refused validation and rejected by An Bord Pleanála because the strict procedure was not adhered to. It is advisable to get some expert help when submitting an appeal.
Launching an appeal with An Bord Pleanála is a serious step, as it is really your last resort. Consult with Social Housing Co. and we will assess all the elements of your refusal. We will advise you on what is the best course of action for you. This may not be to launch an appeal straight away. It may be more beneficial to examine the grounds for refusal and submit a new application to the local planning authority. Either way, put our expertise and experience to work for you, so you can be assured your appeal will have the best possible chance of success.
However, time is of the essence. Acting quickly is so important when dealing with planning appeals. You only have 28 days to lodge an appeal and often four or five days have already lapsed by the time you actually receive the local planning authority’ s decision. Reviewing all of the documentation and preparing a strong case for An Bord Pleanála is time consuming. It is in your best interests to not rush this, so contact Social Housing Co. as soon as possible to give your appeal the best chance of success.
When you come to us with, we will examine all of the submitted information and take a fresh look at your case for you. We will then make a recommendation on the best way forward for you.
If we feel the application was unfairly adjudicated on or that the planning authority were in error when assessing your application, we will take on your appeal and prepare a suitable case to identify the facts of your situation. By appointing us as your planning consultant for your case with An Bord Pleanála you can be assured your submission will result in the best possible chance of success.
The decision as to whether or not to make an appeal to An Bord Pleanála should not be taken lightly. Should the board make a ruling against your appeal it may not be possible to re-engineer a successful conclusion. If the board rules against you, we look through the inspector’s report to see if there is any possibility of a successful outcome for your application. The inspector’s reports are usually very detailed, setting out all parameters surrounding the decision and giving the reasoning behind the decision. Within this report a trained expert can assess if there are any options open to the applicant or if the application can go no further.
Our great success in winning planning appeals is as a result of our overall approach and attention to detail. We review an unsuccessful decision from all possible angles. We submit reasoned arguments to An Bord Pleanála in a high-quality presentation with exact technical content and present justifiable arguments as to why permission should be granted. We know the avenues to take to get results.
Through the years we have built up a wealth of knowledge as to how An Bord Pleanála reacts to a given situation. We are adept at dealing with emergency or troublesome situations. People often come to us to rectify the mistakes caused by hiring an inexperienced planning agent. As a result, we have had significant dealings with An Bord Pleanála and are best placed to make a judgment as to how a particular situation will pan out. We have experienced practically every situation and undoubtedly have seen a case similar to your situation. It is critical to make the decision to appeal quickly. This will allow plenty of time to prepare an excellent appeal and to give your planning appeal the greatest chance of succeeding.
