Planning Law
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How to Make a Planning Application
1. Where do I apply for Planning Permission?
2. How do I apply for Planning Permission?
3. Are there different types of permissions?
4. Where do I get an Application Form?
5. Who can make a planning application?
6. Can I get help in filling in the form?
7. How much will my application cost?
8. What documentation do I need to submit?
9. You must give a public notice of your proposals prior to making an application.
10. What needs to be in the newspaper and site notices?
11. Must I give the planning authority copies of my notice?
12. When must the notice be given?
1. Where do I apply for Planning Permission?
To the planning authority for your area i.e. the County Council or Town Council. There are Four Town Councils in County Monaghan - Monaghan, Clones, Castleblayney and Carrickmacross
2. How do I apply for Planning Permission?
You must complete a planning application form and submit it together with the required documentation and appropriate fee to the planning authority.
3. Are there different types of permissions?
Yes. There are different types of planning permissions. An application may be made for:
- Permission
- Outline permission followed by Approval if a valid application was made prior to the introduction of the Planning Regulations 2001 i.e. 11th March 2002
- Outline permission followed by Permission consequent on the grant of outline permission
- Retention of development
The most common type of application made is for permission, often referred to as full permission. But there are circumstances when you may want to make an application for outline permission, i.e.permission in principle on the site. However, if you obtain outline permission, you will have to submit exact details and drawings and get approval before starting work.
4. Where do I get an Application Form?
From the planning authority. There may be different forms for different types of development - domestic, agricultural, industrial, etc.
5. Who can make a planning application?
You must have a significant legal interest in the site of property to carry out the proposed development, or the written consent of the person who has that legal interest. If a prospective purchaser or tenant makes a planning application, the owner's written consent must be enclosed with the application.
6. Can I get help in filling in the form?
Planning application forms come with explanatory notes. You should read these carefully before completing the form. The planning authority can give you advice. You can also get an agent (e.g. a planning consultant, engineer, architect) to make the application on your behalf. The applicant (you) or your agent may sign either the application form.
7. How much will my application cost?
A fee is payable with the planning application. The amount of the fee depends on the type of development proposed and the type of permission being sought e.g. a flat rate fee is payable for an application to construct a new house while fees for commercial developments are based on floor area. Reduced rates apply to applications for outline permission and approval and a refund of fees may arise for certain repeat applications. The fees for applications for permission to retain unauthorised development are 3 times the normal fee or €2.50 /m2 whichever is the greater.
Details of fees can be obtained from the Department of the Environment's website at <http://www.environ.ie
A list of fees as of November 2001 can be obtained
In addition to the fee payable at the time of application, it may be a condition of planning permission that a development contribution is paid to the planning authority towards the cost of infrastructure (e.g. roads, water supply, and sewerage) which facilitates your development. Development contributions differ from place to place and for different types of development. They are separate from any fees that may be payable for connection to services such as water and sewerage. You can ask the planning authority for details.
8. What documentation do I need to submit?
The documents needed with your application will depend on the type of development. They will need to show, clearly and in sufficient detail, your development proposals, what the development will look like when finished, how it will relate to the site and to adjoining structures and property etc. The planning authority can clarify the documents and detail needed.
In general, however, you must always submit six copies of the following:
· Location map (not less than 1:1000 in built up areas and 1:2500 in all other areas);
· Site or layout plan (not less than scale 1:500);
· Other plans and elevations (scale 1:200) (not required for outline permission);
· Copies of public notices
· Appropriate Fee.
(The scales listed above, or more detailed plans or maps where appropriate, are those recommended to ensure that your application can be dealt with quickly).
6 copies of plans and maps are needed.
9. You must give a public notice of your proposals prior to making an application.
This must be done both:
- by a notice in a locally circulating newspaper (the planning authority has a list of approved newspapers, which it accepts).
And
- by erecting a site notice, which must be on a durable material, erected in a conspicuous position on the land or structure, so that it can be clearly visable and legible from outside.
10. What needs to be in the newspaper and site notices?
These must identify the name of the person applying for permission; the type of permission applied for and specifies the nature and extent of the proposed development. It should also contain the statement that the application is available for inspection and purchase and that submissons or objections should be submitted within Five weeks of lodgement of a valid application and to be accompanied by a fee of €20. Full details of the information to be contained in the notices are given in the explanatory notes to the application forms. Sample notices are also available from planning authorities.
11. Must I give the planning authority copies of my notices?
Yes. One copy of each public notice must accompany the application. For the newspaper notice you must give the planning authority the full page showing the date of publication. The date of erection of the site notice must also be given and it must be in position, in a legible and visible condition, on the site for at least Five weeks. It is very important to note that the application will be declared invalid if the notice is not on site when it is inspected by the planning officers.
12. When must the notice be given?
Applications must be received within 2 weeks of publication of a newspaper notice and the erection of a site notice.
Courtesy monaghancoco.ie
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