Obtaining Planning Permission

The Planning and Development Act (2000), Section 32, sets out a general obligation for private developers to obtain planning permission for development. The application is made to the Planning Authority in whose jurisdiction the site is located.

In some instances, for example where a material change to the existing development will not occur, planning permission may not be required. A further example might be where a proposed CHP facility will replace an existing boiler and no construction works are required.

Advice should be sought from the local planning authority on a case-by-case basis. If permission to proceed without planning permission is granted, official Confirmation of Exemption must be obtained.

In all other circumstances, planning permission is required by law.

Preparation of Planning Application

Article 22 of the Planning and Development Regulations (2001), outlines the general content of planning applications. Each County or City has slightly different requirements. Copies of planning application forms can be obtained from the relevant County or City Council. Some example application forms are included in Annex B.

Generally, a planning application requires statement of, details on, and submission of:

Site or layout plans must be of not less than 1:500 scale. Other plans, elevations and sections must be of not less than 1:200 scale.

Determination of whether an EIS is required

In some situations, an Environmental Impact Statement (EIS) may be required for submission with the planning application. The applicant should consult directly with the local planning authority to determine whether they require an EIS.

The planning authority will request an EIS where it considers that the development is likely to have ‘significant effects on the environment’. The criteria for determining this are detailed in Schedule 7 of the 2001 Planning and Development Regulations.

The requirement for a formal Environmental Impact Assessment (EIA) was introduced to European Union Member States through Directive 85/337/EEC (as amended by Directive 97/11/EC). This Directive was first transposed into regulations in Ireland in 1990 and has undergone several revisions as both the Directive and Irish law have developed. The currently Applicable Irish Legislation is the Planning and Development Act (2000) and the Planning and Development Regulations 2001.

As such, the planning authority may apply environmental criteria to its planning considerations under Section 43 (2) (a) of the Act and may specifically refuse permission under Sections 256-257 (*) of the Act notwithstanding any decision of the EPA. It is therefore critical that, if an EIS is required that the design of the facility parallels the completion of the EIS and that the EIS underpins the planning application.

* Section 256 relates to the amendment of the Environmental Protection Agency Act, 1992 and Section 257 relates to the Amendment of the Waste Management Act, 1996

Following Lodgement of the Planning Application

Upon lodgement of the planning application, the Planning Authority will allow five weeks for the receipt of any Third Party submissions or observations in relation to the application (1). A planning application that is accompanied by an EIS will be automatically referred by the planning authority to the relevant ‘prescribed bodies’ for assessment and comment (2). Appeals in relation to submissions/observations made outside this statutory five-week period, without the appropriate fee or a copy of the receipt of objection from the local planning authority, will be deemed invalid.

The Local Planning Authority may then require the applicant, by notice in writing within eight weeks of receipt of the planning application, to (3):

• submit any further information (including any plans, maps or drawings, or any information as to any estate or interest in or right over land), which the authority considers necessary to enable it to deal with the application; or
• produce any evidence, which the authority may reasonably require to verify any particulars or information given in, or in relation to, the application.

If the additional information response is determined by the planning authority to contain significant additional data, including information in relation to effects on the environment, it shall notify prescribed bodies and objectors and require publication of a newspaper notice to that effect.

Under Article 33 (3), a planning authority may request clarification of responses in respect of the issues raised in a request for additional information.

With the assistance of the original planning application, and any further information requested, the planning authority will then make a decision on whether to grant or refuse permission for the proposed development. This decision (Notification of Decision) must be handed down within eight weeks of its request for further information being complied with.

Upon submission of the planning application to the local planning authority there are two possible scenarios:

1. Notification of Decision to grant or refuse permission for the proposed CHP facility will be handed down and will be accepted; or alternatively; or
2. the Notification of Decision will be appealed, in which case it will be referred to An Bord Pleanála.

(1). Refer to the Article 28(2)(b) of the Planning and Development Regulations, 2001.

(2). Refer to Part 3 of the Planning and Development Guidelines, 2001.

(3). Refer to Article 33 of the Planning and Development Guidelines, 2001.

Upon Lodgement of Appeal with An Bord Pleanála

If the planning authority’s decision is appealed, (which can be done by either the first party applicant or a third party person) the application will be forwarded to An Bord Pleanála.

The submission of an appeal to An Bord Pleanála is in effect a completely new application for planning approval. The decision of the Board will over-ride any decisions issued by the local planning authority.

Typically, an Inspector will be assigned to the case, and will report back to the Board who will then issue their decision on whether to permit or deny the planning application. Oral hearings are sometimes held to assist the Board in its understanding of particularly complex cases or where significant national or local issues are involved. The hearing is designed to allow further necessary elaboration, discussion and examination of relevant planning issues over and above the written appeal submissions.

Planning Application Process

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