Cuffe Planning Guide

Planning: Your guide to making comments on a planning application

Introduction

Planning is about creating good buildings and neighbourhoods that will last the test of time.

Often, people’s first introduction to the planning process is when they see a planning Site Notice close to where they live.

This short guide to planning is aimed at residents who wish to comment on planning applications.

The best way to make your views known on a Planning Application is to write to the Council. Do this as soon as possible after the Planning Application is lodged.

There’s no need to be very technical in the letter. Just outline your concerns and views and remember to pay the fee (that Fianna Fáil and the PD’s brought in) of €20.

It’s also worth contacting your local councillors and informing them of your concerns which they can also pass on the planners.

Underneath you’ll find a more detailed guide.

Some Background Information.

The law governing the planning system in Ireland is set out in the Planning and Development Acts 2000 and 2001 and the Planning and Development Regulations 2001 to 2002. The Department of the Environment has a series of pamphlets that explain the planning system and you can obtain a copy of them by calling 01 888 2000 and asking for the Planning section. Alternatively you can access the planning section on their website www.environ.ie

At a local level the County Council make a Development Plan every six years. This consists of a written statement and a set of maps that show zonings and other local objectives. You can make suggestions for what should be in the Development Plan, but they’re only really looked at during the short period when a new Plan is being prepared

When a Planning Application is received the professional planner working for the Council checks the Application against the Development Plan. A decision on the application generally has to be made within two months, however they can (and often do) make a request for further information from the applicant. This can drag the processing of the Application out for many months. Once further information is received a decision must be made with a further two months.

How to make your views heard Once you see a Site Notice or a Newspaper Notice a Planning Application has to be made to the Council within two weeks. You can inspect this at the Planning Counter at you local Council. In Dún Laoghaire – Rathdown the main Council Offices are in the town hall at the bottom of the Marine Road in Dún Laoghaire, just beside the DART Station.

If the Application has been with the Council for a few weeks, and is controversial other people may have made written observations and you can also ask to see these submissions, which may inform your own views. Early submission of your comments allows the Council more time to consider them. All written comments on planning applications must be accompanied by the fee (€20 at the time of writing in May 2005).

You can also comment on an application even if you are not directly affected but feel strongly about a particular issue and want to express your opinion. You have five weeks from the day the planning authority receives a planning application to make your comments in writing. You should address your comments to the Director of Services of the Planning and Development Department of the County Council. In Dún Laoghaire (at the time of writing in May 2005) you should submit your views to:

Michael Gough, Director of Planning Services, Dún Laoghaire Rathdown County Council, Council Offices, Marine Road Dún Laoghaire

Ensure that you give the reference number from the public file, the name of the applicant, the full address of the application and your own name and address.

Notice of every planning application and date of receipt is on public display during office hours for 8 weeks at the planning authority’s offices and in local public libraries. A copy of a planning list is available for a small fee to cover the cost of making the copy and postage. In Dún Laoghaire you can also access the planning lists on the Council website www.dlrcoco.ie

You can comment on issues relating to the proper planning and sustainable development of the area. This covers everything from the height of a building, to the amount of green space, to traffic concerns. You should make you point in clear precise sentences. Don’t get involved in a slagging match with the Council. The planners have to consider your views in making their decsion.

If you’ve made a submission you will be informed of the outcome of the application within three days of the decision. You can then appeal the decision if you wish to An Bord Pleanála, which is similar to appealing a court decision to a higher court.

Making a Planning Appeal to An Bord Pleanála

Only persons or bodies who have made submissions or observations on a planning application, and paid the prescribed fee to a planning authority can appeal a planning decision to An Bord Pleanála.

The Board looks at the appeal completely afresh, and they also consider the national interest as well as local issues. If you are appealing it may be worth talking to others who may be affected by the proposal with a view to making a joint submission. You also might consider getting help from someone who is used to dealing with appeals such as an architect or planner.

You must include the following in your Appeal: -your own name and address. Where an agent makes the Appeal on your behalf, he/she must give his/her own name and address and your name and address.

-The subject matter of the appeal - you must give sufficient details to enable the Board to readily identify the application which is the subject of the appeal (e.g. a copy of the planning authority decision, or details of the nature and site of the proposed development, or the name of the planning authority and the planning register reference number shown of the decision you are appealing)

-The grounds of appeal and supporting material and arguments.

-The Board cannot take into consideration any grounds of appeal or information submitted after the appeal (except information specifically requested by the Board) and it cannot consider non-planning issues. Grounds of appeal should not, therefore, include such issues.

-The correct fee. Details of fees are available from the Board or your local planning authority.

- In the case of a third party appeal, the acknowledgement given by the planning authority that it received the submission or observation made by the person.

You can ask for an oral hearing provided the correct non-refundable fee is paid in addition to the appeal fee. The person making the appeal must make the request within the period for lodging the appeal but, where a party to an appeal other than the person making the appeal is sent a copy of an appeal, he/she may make the request within 4 weeks from the date the copy is sent to him/her.

If you request an oral hearing, you still must state your grounds of appeal in full and comply with the other legal requirements when lodging your appeal.

The Board has absolute discretion to hold an oral hearing with or without a request from a party and will generally only hold one where this will aid its understanding of a particularly complex case or where it considers that significant national or local issues are involved.

The Boards will make their views known to you once they reach a decision. You can find out more about their work at www.environ.ie or www.pleanala.ie.

Some Final Words

It’s useful to get familiar with the Development Plan in your area. This consists of a written book and a series of maps that are on display in your local library and planning office.

Understanding your Development Plan will help you make more informed observations or submissions should you wish to comment in future on planning issues.

Ciarán Cuffe is a TD for the Dún Laoghaire Dáil Constituency. Ciarán can be contacted at Dáil Éireann, Kildare Street, Dublin 2 or 96 Patrick Street, Dún Laoghaire Tel. 284 6060 or 618 3082, Fax 618 4341, Email Ciaran CiaranCuffe.com