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Post Planning

Planning Appeals

The planning system includes a comprehensive appeals process. Under this, all planning decisions made by planning authorities may be subject to independent review by An Bord Pleanála.
  • Making a planning appeal (An Bord Pleanála web site)
  • Guide to fees payable to An Bord Pleanála (An Bord Pleanála web site)

Contact Details for the Planning Appeals Board

An Bord Pleanála, 64 Marlborough Street, Dublin 1.

Telephone: (01) 8588100

Local: (1890) 275 175

Fax: (01) 8722684

Web: http://www.pleanala.ie

Email: bord@pleanala.ie

Commencement Notices

Under the 1990 Building Control Act and the 1997 Building Control Regulations, commencement notices must be lodged, subject to certain exemptions, to the Council by any person who intends to carry out any works or a change of use on their property. Notices should be submitted not less than 14 days and no more than 28 days before the commencement of such works. Subject to exemptions, commencement notices are required for:

  • The erection of a building
  • The material alteration or extension of a building
  • The material change of use of a building
  • Works in connection with the material alteration (excluding minor works) of a shop, office or industrial building

The primary responsibility for compliance rests with designers, builders and building owners. Building control authorities have power to inspect design documents and buildings, as well as powers of enforcement and prosecution where breaches of the regulations occur. There are heavy penalties, including fines and imprisonment, for breaches of the regulations. In addition, when it comes to selling your property, you may have difficulties if you cannot satisfy the purchaser's solicitor that the requirements of the regulations have been met.

Planning Permission Durations

The standard duration of a planning permission is:

  • a. Full Planning Permission: 5 years from the date of the granting of the permission by the Planning Authority or An Bord Pleanála
  • b. Outline Planning Permission: where outline permission has been granted by the Planning Authority or An Bord Pleanála, any subsequent application for permission consequent on the grant of outline permission must be made not later than 3 years beginning on the date of the grant of outline permission, (or such longer period, not exceeding 5 years, as may be specified by the Planning Authority). The outline permission will cease to have effect at the end of the above period unless the subsequent application for permission consequent on the grant of outline permission is made within that period.

Extending the appropriate period of a planning permission. In certain circumstances, the Planning Authority may extend the life of a planning permission. To extend the appropriate period of a planning permission, the form below must be completed and submitted to the Planning Authority.

Extension of Duration of Planning Permission

In accordance with Section 42 of the Planning and Development Act 2000 As Amended by Section 28 of the Planning and Development Act, 2010, and Regulations made thereunder, a Planning Authority shall extend a permission as appropriate provided that the application is made in accordance with regulations made under the Act and the Authority is satisfied in relation to the permission that:-

 To extend the appropriate period:

1(a) The development to which such permission relates commenced before the expiration of the appropriate period sought to be extended, and

1(b) Substantial works were carried out pursuant to such permission during such period.

1(c) The development will be completed within a reasonable time.

OR

2. The authority must be satisfied that there were considerations of a commercial economic or technical nature beyond the control of the applicant, which substantially mitigated against the commencement of development or the carrying out of substantial works pursuant to the planning permission.

WHERE

There have been no significant changes in the development objectives in the Development Plan or in regional development objectives in the regional planning guidelines for the area of the Planning Authority since the date of the permission such that the development would no longer be consistent with the proper planning and sustainable development of the area, that the development would not be inconsistent with the proper planning and sustainable development of the area having regard to any guidelines issued by the Minister under Section 28, notwithstanding that they were so issued after the date of the grant of permission in relation to which an application is made under this section,

AND

Where the development has not commenced, that an environmental impact assessment, or an appropriate assessment, or both of those assessments, if required, was or were carried out before the permission was granted.

Important Note:

In all cases, an application to EXTEND the appropriate period must be made not earlier than 1 year before the expiration of the appropriate period. 

Applications to further extend the appropriate period, may only be made where a decision to extend an appropriate period has been made prior to the coming into operation of the Planning & Development (Amendment) Act, 2010 – Section 42(7) & 42a(8) Refers :

1. An application to further extend is made in accordance with the regulations.

2. All requirements made under the regulations are complied with.

3. The Planning authority is satisfied that the relevant development has not been completed due to circumstance beyond the control of the person carrying out the development.

4. An application is made prior to the expiration of the period by which the appropriate period was extended.

Important Note:

The power to extend the appropriate period shall not apply to the grant of an OUTLINE PERMISSION granted under Section 34 of the Planning and Development Act, 2000.

Bonds/Security

Where permission is granted for development, the planning authority may attach a condition requiring the lodgment of a cash sum or an insurance company bond which will be called upon to carry out any works required in the event of a developer failing to complete the development to the required standard.

It is the policy of the council to ensure that all bonds remain in place until the development is completed to the satisfaction of the planning authority as per the condition of planning and/or until the development is taken in charge by the Council. When submitting a bond, it must be in accordance with the approved bond format as per the link below.

When applying to release a bond, the developer is required to send a written request for the release of a bond application. Sample Bond (Approved Bond Format)

Naming of Estates

When deciding on names for new developments, the local heritage will be taken into account.  A panel, to include local heritage experts exists to:

  • Assist Westmeath County Council in producing guidance for developers and the public.
  • Recommend suitable names, including Irish Language names, for new developments.
  • Assess all proposals for naming new developments in conjunction with Westmeath County Council’s Conservation/Heritage Officer.

Taking in Charge of Estates

Taking in charge means that the planning authority takes control of the infrastructure and public areas associated with a particular development. The facilities to be taken in charge include:

  • Roads and footpaths
  • Water services
  • Foul and storm water drainage
  • Public lighting
  • Public open spaces
  • Service Ducts / Gas Pipelines

The documents below outline the Council's policy and also include application forms in relation to taking in charge of private housing developments i.e. a development of two or more houses.