Each County and City in Ireland has its own planning authority
that determines local planning policy. This determination is
secured through:
the adoption of Development Plans and Local Area plans under
Chapters I and II of the Planning and Development Act
(2000-2002) ("The Act");
regard for the Regional Planning Guidelines of Regulation
Authorities under Chapter III of the Act;
regard for its City / County Strategy for Economic, Social
and Cultural Development under Section 129 of the Local
Government Act (2001);
regard for any Ministerial Guidelines issued to the planning
authority by the Minister for the Environment, Heritage and
Local Government under Chapter IV of the act; and
Adherence to the Act's enabling regulations, principally
the Planning and Development Regulations (2001).
Part III of the Act, entitled 'Control of Development',
defines the requirement for persons to formally seek planning
permission in respect of any development of land (with the exception
of exempted development), for change of material use, or for
the retention of previously unauthorised development.
As such, CHP promoters must follow a planning
approval process, which may require the preparation of an Environmental
Impact Statement (EIS), and must have regard for the policy
of the planning authority. This means that the proposed CHP
development must conform to the specific requirements set out
in the local development plan and, where applicable, the: Local
Area Plan; the Regional Planning Guidelines; the Strategy for
Economic, Social and Cultural Development; and any relevant
Ministerial Guidelines. Evidence of this will need to be demonstrated
in the planning application.
In some, limited circumstances, planning permission
may not be required. Discussions should be held with the planning
authority to confirm whether or not planning permission is required
on a case-by-case basis, and if so, whether or not an EIS will
be required as part of the planning application. Where planning
permission is not required, the applicant should obtain formal
notification of this.
A failure to address local planning policy
will generally result in a refusal to develop. The Act makes
provision for the appeal of planning authority decisions to
An Bord Pleanála.
