County Waterford, Ireland
Planning Permission Frequently Asked Questions
When do I need planning permission?What developments do not require planning permission?
Who can make a planning application?
How do I apply for planning permission?
Are there different types of planning permission?
What should the documents submitted with my application show?
Where do I get the Ordnance survey maps?
I am the applicant and I need a copy of my plans. Is there a charge?
What newspapers are approved for the publication of the newspaper notice?
If the site is down a laneway, which is not a public road, what must I do regarding the Site Notice?
What happens if my application is invalid?
What is the timescale for a decision?
What is Further Information / Additional Information?
What is Clarification of Further Information / Additional Information?
Can I withdraw my application at any time?
How will I know if my application has been granted?
Can I make an objection to a planning application?
Can I withdraw a submission/observation?
If I disagree with a decision made by the planning authority, what are my options?
Can I appeal a decision where an appeal has already been made by someone else?
Is there any circumstance under which I can make an appeal as a third party if I have not made a submission within the five week period?
What application fees apply?
What is an Extension of Time?
Are the Planning Authority obliged to consent to an extension of time?
What is Part V?
How do I make an application for a Part V exemption certificate/ Section 97 Certificate?
What is an Environmental Impact Statement (EIS)?
What is Pre-Planning Consultation?
What other requirements apart from planning permission are there?
Back to Main FAQ Menu
When do I need planning permission?
Generally, you need planning permission for any development of land or property unless it is specifically exempted from this need. The term development includes the carrying out 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.
What developments do not require planning permission?
Exempted developments do not require planning permission. Categories of exempted development are set out in the Planning and Development Regulations 2001-2010. They usually refer to developments of a minor nature, such as small extensions to houses, etc. Reference must be made to the legislation to ensure that the development falls within the exemption thresholds (size, height, etc). If the particular development exceeds the thresholds listed, the development requires planning permission. Refer to Exempted Development Section for more information.
Who can make a planning application?
In order to make a planning application, you must have enough rights to the land to allow you to carry out the development. Alternatively, you could make the application with the written consent of the owner.
How do I apply for planning permission?
Applications should be made on the official planning application form. Copies of the form are available from the Planning Department and from this website; Application form and Guidance notes. A checklist guide to lodging planning applications is available with the application form to assist you in making your application. You will also need other documents such as plans and there will usually be a fee for making the application.
Are there different types of planning permission?
FULL PERMISSION: The most common type of application is made for permission, often referred to as full permission. An application for full permission requires an applicant to submit detailed plans and full particulars of the development. A successful application in this case will enable the applicant to commence development provided he or she is otherwise entitled to do so.
OUTLINE PERMISSION: outline permission if granted means that the planning authority agreed to the proposed development in principle. It does not permit carrying out of work. If the applicant wishes to receive full permission, they must apply for 'permission consequent to the grant of outline permission’ within 3 years of the date of the grant of outline permission. An outline application cannot be made if an EIS (Environmental Impact Statement) is required for the proposed development.
PERMISSION CONSEQUENT TO OUTLINE PERMISSION: This type of application follows the grant of Outline permission. It provides for the submission of detailed plans and drawings of the proposed development. Note; when applying for ‘permission consequent on outline permission’, the application must be made within 3 years of the date of the grant of outline permission.
RETENTION/CONTINUANCE: Where an application is for Retention of an unauthorised development, then Retention must be stated in the public notice and the nature of the proposed use of the structure must be stated. Where an application is for the Continuance of Use, the nature of such use and of the previous use must be stated. There are different definitions of continuance and we recommend that you contact the planning office to ensure you understand all the details and implications. In general for Retention, the fee is three times the fee for Full Planning Permission.
Click here for more information on fees.
What should the documents submitted with my application show?
Site Location Map (6 copies) - The Site Location Map must be marked or coloured so as to identify clearly the land or structure to which the application relates and the boundaries thereon. The Site Location Map must be on an Ordnance Survey map with the number of the Ordnance Survey map clearly indicated thereon, together with the north point. The scale of the map should be not less that 1:1000 in built-up areas and 1:1250 in all other areas.
Site/Layout Map (6 copies) - The site boundary should be clearly marked in red and the plan should show buildings, boundaries, septic tanks and percolation areas, bored wells, services and other features in the vicinity of the land or structure to which the application relates. In this regard, all features within 100m of the proposed development should be indicated. The position of the site notice should also be shown. The scale of the layout map should not be less than 1:500. The site boundaries cannot be changed once the application has been validated.
Plans & Drawings (6 copies) (except for Outline Permission ) - Plans and Drawings should contain detailed structural drawings of floor plans, elevations and sections and such other particulars as are necessary to describe the works or structure to which the application relates. These must be drawn to a scale not less that 1:200.
Public/Site Notice - A copy of the site notice must be submitted with each planning application. The site notice must be placed on site for five weeks from the date of receipt of the planning application. If it becomes illegible or is removed, it must be replaced immediately as failure to do so will invalidate the application. The site notice must be located at the site entrance to the private road and/or where the private road meets the public road and at all entrances to the site.
Where a second valid application is made on the same site, within 6 months, the site notice should be coloured yellow.
Newspaper Notice – A notice must be placed in an approved newspaper. The original page of the newspaper in which notice of the application was published must be submitted with the application. The application must be lodged with the Planning Department within two weeks of the publication date of the newspaper.
Where do I get the Ordnance survey maps?
The Planning office does not have a licence to reproduce maps for sale. You should contact The Map Centre Waterford (Agents for Ordnance Survey Ireland) at The Book Centre, 25 John Roberts Square, Waterford City. Tel - 051 858872 / website – www.themapcentre.net
I am the applicant and I need a copy of my plans. Is there a charge?
Drawings submitted with planning applications made before 2002 are protected by copyright and may not be reproduced. Copies of drawings submitted with planning applications made since then are available at a charge. This charge depends on the size of the drawings you require.
Fees for Copies of Documentation
Minimum Charge €1.00
Black/White Colour
A4 Sheet €0.25 €3.00
A3 Sheet €1.00 €5.00
A2 Sheet €5.00
A1 Sheet €8.00
A0 Sheet €10.00
Planning staff at our public counter can help you with this. Most agents will provide you with an extra set of the drawings prepared for the planning application
What newspapers are approved for the publication of the newspaper notice?
The table below is an approved list of newspapers for the publication of notice of intention to make a planning application to Waterford County Council:-
| Name of Newspaper | Area for which approved |
|---|---|
| Evening Herald | County Wide |
| Foinse | Gaeltacht area (Ring / Old Parish) |
| Imokilly People | Lismore Electoral Area |
| Irish Examiner | County Wide |
| Irish Independent | County Wide |
| Irish Times | County Wide |
| The Avondhu | Lismore Electoral Area |
| The Dungarvan Leader | County Wide |
| The Dungarvan Observer | County Wide |
| The Evening Echo | County Wide |
| The Munster Express | County Wide |
| The Nationalist Newspaper | Suir Electoral Area |
| The Star | County Wide |
| Waterford News & Star | County Wide |
| Waterford Today | County Wide |
If the site is down a laneway, which is not a public road, what must I do regarding the Site Notice?
The site notice must be located at the entrance to the private road where it meets the public road, and at the entrance to the site.
What happens if my application is invalid?
If your application is invalid, that is:-
• It lacks some of the required documentation;
• Lacks the appropriate fee; or
• Is in any other way inadequate,
It is deemed to be invalid and will be returned to you and the fee refunded. The statutory eight-week period within which the Planning Authority must make its decision begins from the time you submit a valid application. For more advice on the validation process, refer to the Pre-planning Guidance Section.
What is the timescale for a decision?
The timescale involved in obtaining planning permission depends on the validity of the application and if the local authority decision is appealed. There is a time limit of eight weeks from when a valid application is lodged to a decision being given by the planning authority. The planning authority may issue a decision on the application (grant or refuse permission) or they may request further information. If the Planning Authority request further information, they have four weeks from the day the further information is received to make a decision on the application (unless the application is accompanied by an Environmental Impact Statement, in which case, the time for making a decision is extended to 8 weeks. Any appeal of the decision must be submitted within four weeks of the local authority decision to An Bord Pleanála who has an objective to decide appeals within 18 weeks of receipt.
The following table illustrates the timescale involved in most cases.
| Stage | Timescale | Action |
|---|---|---|
| Public Notices | Notice published in newspaper and site notice erected | |
| Recipt of application | 2 weeks | Application must be lodged within 2 weeks of publication of newspaper notice. |
| Validation | 1 - 5 days | Application is validated by the planning authority as soon as possible. Current timescale is within 5 days. |
| Submissions | 5 weeks | Submissions/observations can be submitted within the first 5 weeks of receipt of application. |
| Notice of Decision | 8 weeks | Submissions/objections (submitted in first 5 weeks) are considered. Planning Authority (PA) issue notice of their decision on the application within 8 weeks of receipt of application. (Alternatively, they may request further information.) |
| Further Information | 6 months | The PA may request Further Information or clarification of Further Information which must be responded to within 6 months (this can be extended by 3 months at the discretion of the PA) |
| Notice of Decision | 4 weeks (8 weeks for EIS) | The PA issue notice of their decision on the application within 4 weeks of receipt of the Further Information (or 4 weeks from the receipt of the public notices if Further Information is significant). (Time period is extended to 8 weeks in the case of an application accompanied by an EIS) |
| Appeal | 28 days | A decision can be appealed to An Bord Pleanala within 28 days of a decision. |
| Final Grant Minimum | 4 weeks + 3 days | If the decision is not appealed to An Bord Pleanala, then the Planning Authority will issue a final grant of permission. |
Back to Top Back to FAQ Menu
What is Further Information / Additional Information?
The planning authority has the power to seek ‘Further Information’ from the applicant, if necessary, to make a full assessment of an application. This may be additional information not submitted with the original application or requesting the applicant to make certain changes to his/her proposal to comply with development standards, planning policy, etc. On receipt of the Further Information, the planning authority has 4 weeks to make a decision (8 weeks, if the application is accompanied by an Environmental Impact Statement.). However, if the planning authority considers the further information submitted to be significant, then the applicant is requested to erect a further information site notice on site and to publish a notice in an approved newspaper and to submit the newspaper notice to the planning authority within 7 days. The planning authority has 4 weeks from receipt of the notices to make their decision. The applicant has 6 months from the date of request of the further information to submit all the information requested. (This period can be extended by 3 months at the discretion of the Planning Authority).
If the required information is not submitted within the relevant timeframe, the application is considered withdrawn.
What is Clarification of Further Information / Additional Information?
If the response to the request for Further Information does not address all the issues raised in the request, or if new issues are raised by the information submitted or by proposed changes/alterations to the original proposal, the planning authority has the power to seek ‘Clarification of the Further Information’, if necessary. On receipt of the Clarification of Further Information, the planning authority has 4 weeks to make a decision. (8 weeks if accompanied by an Environmental Impact Statement). The applicant has 6 months from the date of the initial request of the further information to submit all the information required (i.e. the 6 month time period to response to the Further Information request includes the time period for any subsequent requests for Clarification.) This period can be extended by 3 months at the discretion of the Planning Authority. If the Planning Authority considers the Further Information that was submitted to be significant, the applicant will have 7 days to erect a further information site notice and to issue a public notice & submit it to the Planning Authority.
If the required information is not submitted within the relevant timeframe, the application is considered withdrawn.
Can I withdraw my application at any time?
You can withdraw your application at any time before a decision has been made on the application. This instruction should be made in writing and bear the signature of the applicant or any agent who has been authorised to act on his/her behalf.
How will I know if my application has been granted?
You will be notified in writing of the Planning Authority's decision to grant permission. This notification is not an entitlement to commence development. You must wait a period of four weeks and 3 days in case of an appeal to An Bord Pleanala. If the decision on your application is not appealed, then the Planning Authority will issue you with your final grant. Refer to After my application has been decided Section for further details in this regard.
Can I make an objection to a planning application?
Anyone can make a Submission/Observation/Objection on a planning file. The Submission can be lodged with the planning authority within the first five weeks of receipt of the application along with a fee of €20. It should clearly state what application the submission relates to and must be made in writing and signed. It must state the name and address of the person/organisation making the submission and indicate an address for correspondence relating to the application.
Defamation Notice: Participants in making an observation/submission/objection should be aware that comments involving allegations of any kind against a named or otherwise identifiable person or organisation may be viewed as defamatory by the subject of the comments. Participants may be sued directly for any defamatory allegations in any submission and should avoid making such allegations. Any submissions made to the Planning Authority are made available for public inspection. Please note that in the event of any potentially defamatory allegation giving rise to legal action against it, the Planning Authority may seek indemnity from the person making the allegation. It should be understood that the Planning Authority is only concerned with issues relevant to the proper planning and sustainable development of the area and that personalised comments are generally not relevant to its deliberations.
If significant further information is submitted on an application, you are entitled to make a submission or observation in writing to a planning authority in relation to this significant further information/revised plans within the period of 2 weeks beginning on the date of receipt by the authority of the relevant newspaper notice & Further Information Site Notice. (In the case of a planning application accompanied by an EIS, the submission period is 5 weeks from receipt of such notices). Any person or body can make a submission, on payment of the prescribed fee (€20), even if they have not already made a submission in the first 5 weeks. If you have already made a submission on the initial planning application, the fee of €20 shall not be payable on condition that any submission on the significant further information is accompanied by a copy of the acknowledgement by the Council for the receipt of a submission referred to above.
If you have made a valid submission on a planning application, you must be informed by the planning authority of their decision within 3 days of making it. This will usually be done by post.
Can I withdraw a submission/observation?
There is no mechanism in the Planning and Development Regulations for the withdrawal of a submission/observation/objection. You may, however, make a further addition to your submission/objection instructing the Planning Authority to disregard your original observations. Only documents submitted within the first five weeks can be accepted and both documents will remain on file.
If I disagree with a decision made by the planning authority, what are my options?
In order to appeal the decision of the Planning Authority, you must have objected to the proposed development by making a submission on the application within the first five weeks of the application being made. If you disagree with a decision made by the Planning Authority, you can appeal the decision in writing to An Bord Pleanala with the payment of a prescribed fee within 28 days of the decision. You should refer to An Bord Pleanala’s web site www.pleanala.ie for more details on the appeal process.
Can I appeal a decision where an appeal has already been made by someone else?
Where an appeal has already been made by another person, you can become an 'observer' and make a submission. An observer should submit his/her submission or observation in writing including:-
• Name and address;
• The subject matter of the submissions or observations;
• The full grounds of the submissions or observations and supporting material and arguments; and
• The correct fee.
Is there any circumstance under which I can make an appeal as a third party if I have not made a submission within the five week period?
If significant further information is submitted which the Planning Authority requires to be advertised, submissions may be made during the period of two weeks from the publication of the advertisement. Persons making these submissions may also make an appeal to the Board.
Alternatively, under Article 37(6)(a) of the Planning & Development Acts 2000-2006, a person who has interest in land adjoining the site may apply to An Bord Pleanala for leave to appeal. This means they have the right to make their case to the Board that they should be allowed to appeal. More information on this is available on the An Bord Pleanala website; www.pleanala.ie
Planning Application fees can be viewed by clicking here.
Where the applicant requests an extension of time on the period for making a decision, the planning authority has the power to extend the period to the date consented to by the applicant. This request can only be made in the first eight weeks of submitting the application or before further information is requested by the planning authority. The Planning Authority will not consent to a period of longer than 6 months.
Are the Planning Authority obliged to consent to an extension of time?
No, this is at the discretion of the Planning Authority.
Any planning application for the development of houses or apartments must satisfy the requirements of Part V of the Planning and Development Acts 2000-2006 in relation to the provision of Social or Affordable housing.
Residential developments of four housing units or less, or on a site of an area of 0.2 hectares or less may be exempt from the requirement to comply with Part V. Applications for residential development on lands zoned residential or town centre or any other landuse zoning which permits housing, must be accompanied by either proposals for compliance with Part V or an Exemption Certificate.
Applicants are advised to contact the Housing Section (Carmel Hourigan, Housing Officer - 058 20854 or Martin Walsh, County Secretary - 058 20804) to discuss proposals for compliance with Part V prior to lodging their application.
How do I make an application for a Part V exemption certificate/ Section 97 Certificate?
A part V exemption is also referred to as a Section 97 exemption (This refers to the relevant section of the Planning and Development Acts 2000-2006). You must complete the Section 97 exemption form and forward it along with 2 site location maps and a Statutory Declaration to the Planning Department. There is no fee for this application. A decision will be made to grant or refuse an exemption certificate in 4 weeks.
What is an Environmental Impact Statement (EIS)?
Certain types of planning applications which are considered by the planning authority to have potentially significant effects on the environment, will require the submission of an Environmental Impact Statement with the application. Further details on Environmental Impact Statements and Environmental Impact Assessment can be found on Department of the Environment and Local Government publication ENFO leaflet PL 9.
In some cases, an EIS may be requested as Further Information. In cases where an EIS has been submitted the timescale for making a decision on foot of Further Information received is 8 weeks, rather than the usual 4 weeks.
Information on the classes of development which require an EIS is set out in Schedule 5 of the Planning and Development Regulations 2001-2008 (SI No. 600 of 2001) which can be viewed on the DoEHLG website.
Information which must be contained in an EIS is set out in Schedule 6 of the Planning and Development Regulations 2001-2008 (SI No. 600 of 2001) which can be viewed on the DoEHLG website.
What is Pre-Planning Consultation?
Pre-planning consultation allows you to discuss your proposals with the planning authority before making a planning application. Whilst is advisable to familiarize yourself with the application procedures set out here and the Pre-planning Guidance section, pre-planning consultation will provide an indication of the issues that may arise with the application.
Potential applicants should fill in the pre-consultation form and return it to Planning Department, Waterford County Council, Davitt Quay, Dungarvan, Co, Waterford or email it to preplanning@waterfordcoco.ie. A site location map to a scale of 1;2500 showing the townland and with the site outlined must accompany this form.
Completed forms will be assessed by the relevant planner to determine the appropriate method of dealing with the consultation query i.e. by telephone, written report or by pre-arranged appointment. You will be contacted in the appropriate format as soon as possible. It is essential that as much information as possible is submitted to enable the consultation to be of benefit to you.
Forms for pre-planning consultation can be accessed from this website or by contacting the Civic offices in Dungarvan (058 22057).
What other requirements apart from planning permission are there?
You must comply with all legislative requirements depending on the type of development. For example, all new buildings or alterations to existing buildings or changes of use (except for those specifically exempted) must comply with the building control requirements. They must all be designed and constructed in accordance with the Building Regulations and Fire Safety Certificates. Commencement Notices where applicable must be submitted prior to commencement of development. For more information on these matters refer to After my application is decided Section.
