Do I need Planning Permission? – Frequently Asked Questions
N.B. This information is intended as a guide to residential use only. It does not
apply to commercial premises. It is not a legal interpretation of Planning law.
The Planning and Development Act 2000-2010 and The Planning and
Development Regulations 2001 -2011 may be viewed at www.environ.ie and may
be purchased from Government Publications Sale Office, Sun Alliance House,
Molesworth Street, Dublin 2.
Please note: If your property is a Protected Structure even minor works
may need planning permission. The exempted development regulations
which follow do not apply to Protected Structures. If the development
works apply to a Protected Structure, please contact the Planning
Department or the Council’s Conservation Officer.
Question: When do I need planning permission?
Generally, you need planning permission for any development of land or
property unless the development is specifically exempted from this need. The
term development includes the carrying our of works (building, demolition,
alteration) on land or buildings and the making of a material (i.e. significant)
change of use of land or buildings.
Question: What is exempted development?
Exempted development is development for which planning permission is not
required. Categories of exempted development are set out in planning law. There
are usually certain thresholds relating to, for example, size or height; where
these thresholds are exceeded, the exemptions no longer apply. The purpose of
exemption is to avoid controls on developments of a minor nature, such as small
extensions to houses. Leaflets PL5, PL6 and PL7 give details of the main
exemptions.
Question: Are there different types of permission?
Yes. There are three types of planning permissions. An application may be made
for:•
•
•
Permission;
Outline permission
Permission Consequent
The most common type of application made is for permission, sometimes
referred to as full permission. There are circumstances when you may want to
make an application for outline permission. For example, you may want to see
whether the planning authority agrees with your proposal in principle before you
go to the trouble of making detailed plans. If you obtain outline permission, you
must obtain full permission before starting work. In most cases, a subsequent
application for permission must be made within 3 years of the date of grant of
outline permission. However outline permission cannot be sought for retention
of a structure, works to a protected structure or a proposed protected structure
or developments, which require an environmental impact assessment, integrated
pollution control licence or a waste licence.
Question: Where do I get planning permission?
From the planning authority for your area i.e. Donegal County Council, County
House, Lifford
Question: How much will this cost?
A fee is payable with an application for planning permission. Fees for the
different classes of development are listed with the application form, You must
pay the correct fee with your application as the planning authority is prohibited
by law from deciding an application until this is paid. Voluntary organisations
may qualify for an exemption from the fee.
Question: How long will it take to get planning permission?
This will be affected by the completeness of the application and by whether there
is an appeal or not. Generally, a valid application will be dealt with by a
planning authority in 12 weeks from the date the application is made to the final
grant of a permission. However, the period can vary, particularly if the planning
authority seeks further information from the applicant (which it should do
within the first 8 weeks). The planning authority then has 4 weeks from the day
the further information is received to make a decision on the application. The
following table illustrates the time scale involved in most cases.
Planning Steps: Timeframes
Timescale
Action
Start
Notice published in paper and site notice erected
Between
6
weeks and 8 Planning authority issue notice of their decision on the
application (alternatively they may request further information)
weeks
later
If no appeal is made, the planning authority will issue grant of
permission approval or outline permission, except where they
4 weeks later have already indicated a decision to refuse An appeal may take
longer than the application to decide but An Bord Pleanála has
an objective to decide appeals within 4 months.
Question: Can I consult the planning authority in advance?
You do not have to consult the planning authority before making a planning
application but it is often advisable to do so where you are unsure of local
planning policies, how to apply, etc. Depending on the type of development, the
larger the development proposal, the greater the need for prior consultation.
This process called preplanning. It offers the applicant the chance to obtain
advice from a planner prior to full planning.
Question: Where can I find out about local planning policies?
The development policies and objectives of the planning authority are in the
local development plan. You can view the plan at any time during office hours at
the local authority offices and local libraries and online at www.donegalcoco.ie
(visit the Planning Publications page). Copies of the plan are available at a
reasonable cost from the planning authority. For more information on the plan
see leaflet PL8.
_______________________________________________________
Question: I have Lodged a valid planning application. Now what ?
Answer: Your application will be acknowledged (within a few days) and be placed
on the planning register in the planning authority offices, for public inspection.
It will also be included on the lists of planning applications displayed in council
offices, public libraries and circulated to certain interest groups. A council
official will usually inspect the development site
Question: What if my application is incomplete?
lacks the appropriate fee or is in any other way inadequate, (e.g. no proper
public notice of your application) (e.g. does not meet the statutory requirements
for public notice of your application). The application will be invalid and will be
returned to you with the fee.
The statutory 8 week period for deciding the application begins from time you
submit a valid application with the required information in full, pay the correct
fee and give proper public notice of the application.
Question: Can other people comment on my application?
Yes. Any person can see a copy of your application and make written
submissions or observations to the planning authority on any planning aspect of
it. These must be considered by the planning authority when determining your
application. There is a €20 fee for making such a submission or observation. For
more information see the leaflet Commenting on a Planning Application
(PL3).
Question: How is the decision made?
In making the decision, the planning authority takes a number of matters into
account, including: the proper planning and development of the area (e.g.
appropriate
land
use
(zoning),
road
safety,
development
density, size, location, adherence to established planning and development
practices),their own development plan, submissions and observations made by
members of the public on the application. Government policy, the provision of a
Special Amenity Area Order; any European site (e.g. Special Areas of
Conservation Special Protection Areas); submissions and observations made by
members of the public on the application; It may not take non-planning issues
into account e.g. boundary or other disputes, questions more properly resolved
through legal means, etc.
Question: How will I know permission has been granted or not?
The decision to grant permission, with or without conditions, will be notified to
you, and to anyone who commented on the application. What you get is a notice
of intention to grant permission. During a period of four weeks beginning on the
date of making of this decision, you or anyone else who made a submission, may
appeal it to An Bord Pleanála. Where there is no appeal the planning authority
will formally give you the grant of permission at the end of the appeal period.
You must not commence work until you receive this notification. If the decision
is appealed, you will receive from An Bord Pleanála either the grant of
permission, with or without whatever conditions the Board considers
appropriate, or if the Board decides, refusal of permission. Where the planning
authority decide to refuse your application, their reasons will be included in the
notification sent to you. The same period for appeal (4 weeks) will apply here
also.
Question: Can conditions be attached to my permission?
Planning permission may be subject to certain conditions, which will be listed on
the decision. These may require changes to your proposal (e.g. new rrangements
for the disposal of surface water, revised height/colour/material for boundary
walls, improved landscaping of the site). You may also be required to make a
contribution to the local authority for services (e.g. water, sewerage). These
contributions differ from place to place and for different types of development.
You must comply with all of the conditions attached to the permission and finish
work in accordance with them. Even if you have more than one permission for a
site, you cannot pick and choose the conditions which suit you best.
Question: How Long does permission last?
The standard duration for planning permission, is five years from the date of
the grant of the permission by the planning authority or An Bord Pleanála. A
longer period may be allowed if the development is complex. In certain
circumstances the planning authority may extend the period of validity of a
planning permission but only where:
1. The development to which the permission relates was commenced before
the expiration of the appropriate period sought to be extended, and
2. Substantial works were carried out pursuant to the permission during that
period, and
3. The development will be completed within a reasonable time.
Or
a) There were
beyond the
either the
substantial
considerations of a commercial, economic or technical nature
control of the applicant which substantially militated against
commencement of development or the carrying out of
works pursuant to the planning permission, and
b) 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, and
c) 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
d) 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.
In relation to considerations of a commercial or economic nature, it is generally
not considered necessary to submit evidence to the planning authority as to the
personal financial or commercial situation of the applicant. The planning
authority may base its decision on matters such as relevant national and local
conditions affecting the property and development market or available credit.
The lifetime of an outline permission is three years and an application for
permission consequent must be submitted within that time. If a planning
permission expires and you apply for a new permission for the same
development, the planning authority may refuse permission or attach
significantly different conditions. This can happen if planning policies or the
requirements for the proper planning and development of the area have changed
in the interim.
Question: Who enforces planning decisions?
This is the responsibility of the planning authority which has wide enforcement
powers to ensure development is carried out in conformity with planning
permission and to halt and rectify an unauthorised development. Any legal
action must, however, be started within 5 years of the breach of the planning
laws taking place. Care should be taken to ensure that each condition of a
permission is fully complied with in order to avoid incurring such action and
also to avoid difficulties when the property is being sold at a later date.
Question: How can I stop unauthorised development?
If you think somebody is developing or using land without, or contrary to, a
planning permission, you should contact the planning authority, who will
investigate the matter. Any person has the right to apply in either the Circuit or
High Courts for an order restraining unauthorised development or use of land,
or requiring compliance with a planning permission. Court orders can,
depending on the circumstances, be obtained at extremely short notice and the
Courts will ensure compliance with any order made.
Question: Are there penalties for breaches of planning law?
Yes. It is an offence to undertake any work needing permission without that
permission. Planning authorities have powers to stop unauthorised development
and this can be a costly experience for the offender. You may be required to
rectify any unauthorised works and will have to pay whatever costs are involved.
Fines and prison sentences may also be imposed by the Courts.
Question: Can I rectify a planning error?
Genuine mistakes can be made about the need for planning permission. If you
undertake unauthorised development you may apply for permission to retain it.
However, this approach should not be relied upon in order to avoid seeking
planning permission before starting work as you may not necessarily be granted
permission for retention or you may be required to carry out costly
modifications. The application fee is also 300% more than the fee for an
application made before development starts. Permission for retention does not
automatically absolve you from prosecution if enforcement action has already
been taken against you. If you are buying property, check that the building itself
and any extensions or alterations to it have proper planning permission or are
exempt from planning permission, since you, as the new owner, may be liable to
enforcement action.
Question: Do I need any other type of permission?
You will not be entitled solely by reason of a planning permission to carry out
your proposed development. You may need other approvals, depending on the
type of development. For example, all new buildings, extensions, alterations and
certain changes of use of existing buildings must comply with building
regulations, which set out basic design and construction requirements.
Development other than residential will probably require a fire safety certificate
under the regulations. See leaflet PL11: A Guide to the Building Regulations for
more details. Further information may be obtained from your local authority..
The law governing the planning system is set out in the Planning and
Development Acts, 2000-2014 and Planning and Development Regulations,
2001-2012 These may be purchased from the Government Publications Sales
Office, Sun Alliance House, Molesworth Street, Dublin 2, telephone (01) 661
3111. Please note that the law may be updated from time to time
Can I build an extension to my home without having to seek planning
permission?
Broadly speaking, the construction of an extension or conservatory or
conversion of garage attached to rear or side of house does not require planning
permission when it is to the rear of the house; however, this is subject to the
provisions of Part 1 of the 2nd Schedule to the Planning and Development
Regulations, 2001(as amended).
The following should be seen only as general guidelines;
Terraced and Semi-Detached Houses
If the house has not been previously extended, the floor area of the proposed
extension cannot exceed 40 sq metres.
This exemption also allows for
extensions above ground-floor level (if the house is semi-detached or terraced,
the area of the above ground extension cannot exceed 12 sq. m). This means,
for a typical semi-detached house, one could have a ground floor extension of
28sq. m & 2nd floor extension of 12sq m without applying for planning
permission.
Detached Houses
As with terraced and Semi-detached above, the overall area of extension must be
less than 40 sq. metres. This exemption also allows for extensions above ground
floor level, the are above ground floor are cannot exceed 20 sq. m. One could
therefore have a ground floor extension of 20 sq. m., and a 2nd floor of 20 sq. m.
The above-ground floor extension shall not be closer than 2m from any party
boundary.
Both Cases
If the proposed extension is in addition to an existing extension (post 01-101964), overall areas of all extensions must not exceed 40 sq. m. – including
extensions which needed permission, e.g. to side of house.
Can I cover my entire back garden with an extension of 40sqm?
No. The extension shall not reduce the “Private Open Space” of the back garden
to less than 25 sq. m. Hard surface areas to the rear of a house are exempted
development, providing they are used for a purpose incidental to the enjoyment
of the house and not used for the parking of cars
N.B. Existing or proposed garden shed/s are not reckoned as private open
space.
What height can I build my extension without permission?
(a)
(b)
(c)
The highest point to which the wall of an exempt extension can be built is
eaves level.
If the proposed extension has a flat roof, it must not exceed the eves or
parapet level.
If the proposed extension has a pitched roof, it must not exceed the ridge
of the existing pitched roof.
Can I build a window to the side of my extension?
Yes, providing the following guidelines are applied;
Terraced and Semi-Detached Houses
Windows at ground floor level shall not be less than 1 metre from the boundary
they face. Windows at above ground floor level shall not be less than 11m from
the boundary they face. The above applies to terraced s/d dwellings.
Detached Houses
Where the dwelling is detached and the floor area of above ground floor
extension is greater than 12sqm windows shall not be less than 11m from the
boundary they face.
If I build an attic conversion do I need permission?
Normally no. However, if work involves dormer windows, on any elevation,
permission is needed. If velux windows proposed to the rear, it is exempt. If
velux windows proposed to the side/front elevation it is not exempt.
Is the area of an attic conversion reckonable in assessing the 40sqm
exemption limit for domestic extensions?
No.
6.
Can I convert
permission?
my
garage
to
living
accommodation
without
Yes. Subject to the provisions of Part 1 of the 2nd Schedule to the Planning &
Development Regulations 2001 (as amended) N.B. Garage must be attached to
the dwelling.
Can I build a balcony / roof garden on my extension without permission?
No.
Can I build a garden shed on my property without permission?
Yes, provided that:
1.
2.
3.
4.
5.
6.
It is not forward of the front wall of the house.
Not greater than 25sqm (or no. of sheds aggregated)
25sqm of garden space is left. N.B. extensions attached to house are not
reckoned as private open space.
Shed finish is in keeping with the house.
Shed height: max 4m pitched roof; 3m flat roof.
It is not lived in or used for keeping of animals (pigs, ponies, horses,
pigeons).
Can I build a porch without permission?
Yes, provided that:
1.
Not less than 2 metres from roadway
2.
Not more than 2sqm
3.
Height: 3m max for a Flat Roof, 4m max Pitched R
Can I build an extension to the side of my house without permission?
No. Not exempted development. However an existing garage to the side /rear
and attached to house may be converted (see above).
Can I build an extension to the front of my house without permission?
No. Not exempted development (except the porch – see above).
Can I install a chimney, boiler house or oil tank for central heating without
permission?
Yes. The capacity of oil tanks shall not exceed 3,500 litres
Can I erect a T.V. antenna on my roof without permission?
Yes. The height of the antenna shall be no more than 6m above the roof.
Can I erect a Satellite Dish without permission?
Yes. Provided that:
1.
Only 1 per house.
2.
Max. Diameter 1 metre.
Not to be erected on, or forward to the front wall of the house.
3.
4.
Not to be erected on the front roof slope or higher than the highest part
of the roof.
Can I build an extension to the side of my house without permission?
No. Not exempted development. However an existing garage to the side may be
converted.
Can I build walls around my house without planning permission?
Yes. Subject to:
1.
Not more than 2m high to the rear.
2.
Not more than 1.2 metres to the front or forward of the front of the
house
NB: Metal palisade or other security fencing is not exempt.
Can I erect a gate within my property without permission?
Yes, subject to a 2m maximum height.
Can I provide car parking in my garden without permission?
Yes. To the front or side for not more than 2 cars.
The widening of vehicular entrances is not exempt. Car parking in the garden of
protected structures is not exempt.
Can I convert 2 or more dwellings to use as a single dwelling without
permission?
Yes. But only if the structure was previously used as a single dwelling. e.g. A
house which was used as a single dwelling when built, later converted to flats
can convert back to single dwelling use under this exemption.
Does a “For Sale” sign on a dwelling need permission?
No, subject to:
1.
max area of 0.6sqm in case of a house / letting
2.
max area 1.2sqm in case of any other structure / land.
Not more than 1 sign.
3.
4.
Remove not later than 7 days after sale / letting.
Can I build a pond, path or landscaping works without permission?
Yes. Provided that the ground level not be altered by more than 1 metre above
or below the level of adjoining ground.
Can I build a tennis court without permission?
Strictly speaking, yes, to the rear. However, the provision of lighting and fencing
over 2m would not be exempted. The 1 metre raising/lowering of ground levels
also applies.
Can I paint my house without permission?
Yes, except for a mural. Consultation may be needed in relation to a Protected
Structure.
Can I keep a caravan / camper van or boat in my garden without
permission?
Yes, subject to:
1. Not more than 1 caravan / camper van or boat.
2. No commercial / advertising use.
3. Not used as a dwelling while stored.
4. Storage not greater than 9 months in any year.
If my property is a Protected Structure, do these exemptions apply?
No. Most works to a Protected Structure are not exempted. A declaration of
what is / is not exempted is needed to clarify issues.
Do bus shelters need permission?
Yes, not exempted development.
Can I erect a roadside shrine without permission?
Yes, subject to maximum area of 2sqm, max height is 2m above the centre of the
road opposite, and it is not lit.
Is permission needed for a crèche childcare facility?
Yes, unless the number of children, including carers is not more than 6, and
caring is in carers own house.
Change of use
The following changes of use are exempted development:
1. from use for the sale of hot foot for consumption off the premises, or for
the sale or leasing or display for sale or leasing of motor vehicles, to use
as a shop.
2. from use as a public house, to use as a shop.
3. from use for the director of funerals, as a funeral home, as an amusement
arcade or a restaurant, to use as a shop.
4. from use for the provision of financial services, professional services
(other than health or medical services, any other services where the
services are provided principally to visiting members of the public, to use
as a shop.
5. from use as 2 or more dwellings, to use as a single dwelling, of any
structure previously used as a single dwelling.
6. from use as a house, to use as a residence for persons with an
intellectual or physical disability or mental illness and persons providing
care for such persons (NB The number of persons with an intellectual or
physical disability or a mental illness living in any such residence shall
not exceed 6 and the number of resident carers shall not exceed 2)
Please note that under the Planning and Development Regulations 2005,
planning permission is required by those shops wishing to change to an offlicence or to sell alcohol other than wine.
Occasional Use
Occasional use for recreational, social purposes of any school, hall, club, art
gallery, museum, library, reading room, gym or structures normally used for
public worship.
Is permission needed for a telephone kiosk?
No, provided not situated with 10m of the curtilage of any dwelling house save
with the consent in writing of the owner occupier.
Do Statutory Undertakers need permission for routine works in the
provision / maintenance / overall of their facilities (e.g. Local
Authorities, ESB, Telecoms, Iarnrod Eireann, Bord Gais, etc).
Generally, No. Refer to Planning and Development exempted development
regulations for limitations.
Do the Council need permission to do its own work?
No, not in the normal way, but, are subject to the consultation procedures
contained in Part VIII of the 2001 Planning Regulations.
How long does an applicant have to lodge additional information?
6 months, however an applicant may apply to extend that period if additional
time is required to get all the necessary information gathered.
Under the Planning regulations how long do the public have to lodge
objections to additional information?
All objectors are notified in writing and usually given 2 weeks.
Can I demolish a habitable home without permission?
No. But you can demolish part of a habitable home to provide a domestic
extension.
What is a Declaration and Referral on Development & Exempted
Development (i.e. what is a Declaration of Exemption?)
If a query arises as to whether something requires Planning Permission or
whether it is exempted development, a submission may be made, in writing with
proposals or maps – the more information the better accompanied by a fee
(€80.00). The planner will consider submissions & we reply within 4 weeks as to
whether it does require planning permission or not. The applicant can refer the
decision to An Bord Pleanala accompanied by a fee (€150.00).
Can photocopies of maps be given out to the public?
Photocopies of maps on files registered before 11-Mar-2002 is prohibited. Any
photocopies of maps on files registered after 11-Mar-2002 must be individually
date stamped and a declaration under Section 74 (4) of the Copyright and
related Rights Act, 2000 must be signed by the member of public (forms
available at public counter).
Can I place a wind turbine beside my house?
Yes provided that:• the turbine shall not be erected on or attached to the house, or any
building or any structure within its curtilage.
• the total height of the turbine shall not exceed 13 metres
• the rotor diameter shall not exceed 6 metres
• the lower tip of the rotor is a minimum of 3 metres from ground level
• the supporting tower is a distance of not less than the total structure
height(including the blade of the turbine from the highest point of its arc)
plus one metre from any party boundary
• noise levels must not exceed 43db(A) during normal operation, or in
excess of 5db(A) above the background noise, whichever is the greater, as
measured from the nearest neighbouring inhabited dwelling
• Only one turbine can be erected with in the curtilage of a house
• No such structure shall be constructed, erected or placed forward of the
front wall of a house.
• All turbine components shall have a matt, non-reflective finish and the
blade shall be made of material that does not deflect telecommunication
signals.
• No sign, advertisement or object, not required for the functioning or safety
of the turbine shall be attached to or exhibited on the wind turbine.
Do I need permission to build a chimney or flue, boiler house or fuel storage
tank or structure as part of the heating system of a house
No provided the capacity of the oil storage tank does not exceed 3,500 litres
Do I need permission to install a solar panel?
No provided that:• the total aperture area of any such panel, taken together with any other
such panel previously placed on or within the said curtilage, shall not
exceed 12 square metres or 50% of the total roof area, whichever is the
lesser.
• the distance between the plane of the wall or a pitched roof and the panel
shall not exceed 15 centimetres.
•
•
•
•
•
the distance between the plane of a flat roof and the panel shall not exceed
50 centimetres.
the solar panel shall be a minimum of 50cm from any edge of the wall or
roof on which it is mounted.
the height of a free-standing solar array shall not exceed 2 metres, at its
highest point, above ground level.
a free-standing solar array shall not be placed on or forward of the front
wall of a house.
the erection of any free standing solar array shall not reduce the area of
private open space, reserved exclusively for the use of the
occupants of the house, to the rear or to the side of the house to less than
25 square metres.
Do I need permission to install a ground heat pump or an air source heat
pump
No provided that:• The level of the ground shall not be altered by more than 1 metre above or
below the level of the adjoining ground.
• The total area of such a heat pump, taken together with any other such
pump previously erected, shall not exceed 2.5 square metres.
• The heat pump shall be a minimum of 50cm from any edge of the wall or
roof on which it is mounted.
• No such structure shall be erected on, or forward of, the front wall or roof
of the house.
• Noise levels must not exceed 43db(A) during normal operation, or in excess
of 5db(A) above the background noise, whichever is greater, as measured
from the nearest neighbouring inhabited dwelling.