County Waterford, Ireland
After my application is decided Frequently Asked Questions
Can conditions be attached to my permission?
If the application is granted, when can I begin building?
Do I need written confirmation from the Planning Authority on compliance with conditions?
What is a development contribution, and will I have to pay one?
What if I can’t pay my development contributions?
What is an occupancy condition?
Can I be released from an occupancy agreement?
What other requirements apart from planning permission are there?
What is a Commencement Notice?
What happens if I do not submit a commencement notice?
Is a Fire safety certificate required?
If my application is refused, what are my options?
I’ve been refused planning permission for a particular reason; can I apply on the site again?
How can I extend the life of my planning permission?
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Can conditions be attached to my permission?
Yes. The decision to grant permission can be made with or without conditions which will be attached to the decision. If you are not happy with the conditions, you can appeal these to An Bord Pleanala. Refer to the Department of the Environment and Local Government publication ENFO leaflet PL 10 and the Board’s website; www.pleanala.ie for further details.
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If the application is granted, when can I begin building?
There is an appeal period of four weeks from the date of issue of the decision. During this time an appeal may be made to An Bord Pleanala. If no appeal is lodged the Planning Authority will formally grant permission at the end of the four week period. A commencement notice should be completed and sent to the Building Control Authority not less than 14 days and no more than 28 days before the commencement date of the development works. It is only after this notice is validated that development work can commence.
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Do I need written confirmation from the Planning Authority on compliance with conditions?
Some conditions attached to a grant of permission may required an applicant to submit specific plans or details for agreement with the Planning Authority prior to the commencement of development. These plans, once submitted to and agreed by the Planning Authority, will be attached to the file and a letter of agreement will be issued. Failure to submit these plans/details prior to the commencement of development will render your development unauthorised and may activate enforcement action.
In other case, conditions may be self-certified, and require the applicant or his/her agent or technical adviser to certify that a specific condition has been complied with (e.g. site levelling, proper installation of a septic tank, etc).
The Planning Authority can issue a letter of compliance with condition(s) subject to a written request and a payment of €50, provided the Planning Authority is satisfied that the condition has been fully complied with.
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What is a development contribution, and will I have to pay one?
The Planning and Development Act 2000-2006 allow that when granting planning permission, a local authority may, as a condition of that planning permission, require the payment of a contribution in respect of public infrastructure and facilities benefiting development in the area of the Planning Authority, and that is provided, or intended to be provided by, or on behalf of, the Local Authority, regardless of other sources of funding for the infrastructure and facilities. Such contributions may be related to works benefiting development in the area of the planning authority, rather than just facilitating the proposed development. Contributions may be applicable for roads, water supply, foul sewerage, surface water sewerage, community, etc.
As outlined under Section 48 of the Act, Waterford County Council adopted the Development Contributions Scheme, 2008-2012, at its meeting of 14th January, 2008. Click on the link below to download the scheme: Development Contribution Scheme 2008 - 2012
The contribution rates payable are normally adjusted each year in accordance with the Wholesale Price Index. The indexed rates are subject to a cumulative increase of 11.5% as per Section 5 of the Development Contribution Scheme 2008 - 2012. This adjustment was not carried out for 2011 & 2012 due to the current economic climate. Please click on the link below to download the 2010 development contribution rates applicable to all planning applications received on or after 1st January 2010 or the 2010 Development Contribution Rates applicable to all applications received on or after 1st January 2010:
Development Contribution Rates 2010
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What if I can’t pay my development contributions?
Development Contributions are normally payable prior to the commencement of any development on site. In certain circumstances, the Planning Authority may be amenable to the phased payment of the contributions. To discuss this further, you are advised to contact Anne Murray (058 20877) or Claire O Sullivan (058 22062) prior to commencing the development.
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What is an occupancy condition?
In certain cases, the Planning Authority may apply an occupancy condition to a grant of permission for a dwelling or dwellings. This restricts the occupancy of the dwelling for a specific period (typically 7 years, though this may be increased in exceptional circumstances) to the applicant.
Generally, the applicant would be required to enter into a legal agreement with the Planning Authority under Section 47 of the Planning and Development Act 2000-2006. Templates for the agreement can be obtained from the Planning Office on request.
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Can I be released from an occupancy agreement?
The occupancy agreement is a legal binding agreement between the Planning Authority and the applicant and will be entered as a burden on the land registry documents of the site. If an applicant wishes to be released from an occupancy agreement before the relevant time period has expired, he/she must submit a request in writing to the Planning Authority outlining the reasons for same. This must be substantiated with legal documentation, such as bank records, etc. Each case will be assessed on its merits.
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What other requirements apart from planning permission are there?
You must comply with all legislative requirements depending on the type of development. For more information on these matters refer to Building Control Section.
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What is a Commencement Notice?
Any person who intends to carry out any work, or make a material change of use as regards a building must complete a Commencement Notice. The form is available from the website, the planning section or the Building Control Section. Completed forms should be sent to Building Control Section, Waterford County Council, Fire Station Headquarters, Kilrush, Dungarvan.
The commencement date on the notice must be not less than fourteen days and not more than 28 days from the date the valid Commencement Notice is lodged in the building control Section. As from 1st January 2002, the fee will be €30 per building.
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What happens if I do not submit a commencement notice?
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.
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Is a Fire safety certificate required?
With the exception of houses, and some agriculture buildings under 300m2, a Fire Safety Certificate is required for all buildings, extensions, alterations, and changes of use which are covered by the Building Regulations. You can also get a Fire safety certificate form from the Building Control Section, Fire Station Headquarters, Kilrush, Dungarvan or online.
The completed application must be accompanied by plans, drawings, maps, and a compliance report as set out in the application. As from 1st January 2002, the fee will be €2.90 per m2. The minimum fee is €125.
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If my application is refused, what are my options?
If your application is refused you can appeal this decision to An Bord Pleanala with the payment of a prescribed fee. Refer to the Department of the Environment and Local Government publication ENFO leaflet PL 10 and the Board’s website; www.pleanala.ie for further details.
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I’ve been refused planning permission for a particular reason; can I apply on the site again?
You can re-apply but if you do not address in some way the original reasons for refusal, it is most likely that the same decision will be made again. If you wish to re-apply, you may wish to avail of the pre-planning consultation process prior to re-lodging your application.
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How can I extend the life of my planning permission?
You can apply to the Planning Authority for an extension of duration of a planning permission within one year from, and prior to the expiry date of the permission. There are certain requirements that must be met and these are outlined in the Extension of Duration Application Form. Please note that if your development is not substantially complete and includes a waste water treatment system and if your permission was assessed prior to the implementation of the EPA Code of Practice, then your application for extension of duration will not be considered favourably unless an application to upgrade the septic tank/waste water treatment system in accordance with the EPA Code of Practice is submitted to and granted by the Planning Authority prior to submitting an application for an extension of duration.
