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We would advise a consultation with our team to review your case and to establish if your project requires planning permission. However, if your project is classified as development, we would advise that a planning application be submitted to the Council. If unsure, you can submit a Section 5 application to your local authority to see if permission  is required or not. Please see below more details on Section 5 Applications. 

Full planning permission requires detailed plans and drawings of a proposed development, which may require a lot of costly design work to produce. It is possible to obtain outline planning permission without undertaking a full design of the development. Less detailed information relating to the site, layout and proposed development is submitted to the local authority (council). The local authority may then provide outline planning permission for the development i.e. they approve the layout, size and type of development. Full drawings and information must be submitted within three years or the outline planning permission lapses.

It should be noted that outline permission does not mean that the development can deviate from planning rules. To obtain full planning permission the detailed information provided within three years must still conform to planning requirements. However applying for outline permission enables a developer to find out whether the type and size of development they intend to build is likely to receive full planning permission.

We would advise a consultation with our team to review your case and to establish if your project would benefit from outline planning permission.

Assuming all information is present and correct, a planning application will generally be dealt with within 8 weeks from the date of submission of the application. However, this period can vary due to Further Information Requests from the Council. We would advise a consultation with our team to review your case and to ensure that all required information is provided first time, avoiding delays.

​You may apply for an extension to planning permission if you have already undertaken substantial works and will complete them in a reasonable timeframe, or if the reason for the delay was due to considerations of a commercial, economic or technical nature.

​We would advise a consultation with our team to review your case and to establish if your planning permission can be extended.

Any member of the public or organisation can object to a planning application. This objection must be made in writing to the relevant Planning Authority (typically the Council) within five weeks to the day the application is lodged with the authority. The objection must include the correct address and applicant’s name, which is always included in the site or newspaper notice. It is also helpful to include the reference number. The objection must also include the objectors name and contact details.

All planning objections are available for public inspection e.g. at the public counter in the council offices, or by requesting a photocopy of objections on a particular application from the council.

Any member of the public or any organisation may comment on any planning application either negatively or positively, simply by writing to the relevant planning authority (usually the council). The objection must include the correct address and applicant’s name, which is always included in the site or newspaper notice. It is also helpful to include the reference number. You must include your own name and contact details. A fee (typically €20) is also usually required. The comments must be received by the authority within five weeks of the day the authority received the planning application.

You should review any information about objections on the planning authority’s website. Ensure you include the correct fee and all the required information. When preparing the objection remember that planning authorities can only consider planning issues, not personal grievances or dislikes. For example “I don’t like how it will look” is not a planning issue, but “it will block light to my property” is potentially a planning issue depending on the severity of the impact. You should also note that all planning objections are available for public inspection and there could be legal consequences for any false statements.

Depending on the circumstances you may wish to engage a professional such as a planning consultant to assist in producing the objection. A planning consultant can advise on what information best supports your objection and can write the objection in a clear and professional manner.

An observation/objection on a validated planning application has to be made within 5 weeks from the lodgement of the planning application.

The cost for submission of an observation/objection is €20

Whats the difference between Notification of Decision and Final Notification of Decision?

The notification of decision to grant allows for the 1 month appeal period for any objectors to the proposed development. If no Appeal has been made, the Council will issue a Final Notification to grant permission. Development can only commence once the final notification to grant permission has been issued.

If the information is deemed significant by the planning authority, the applicant will then be asked to advertise the changes to the information through a newspaper advertisement and by erecting new site notice(s).

When an application is advertised at this stage the public are given two weeks from the date the public notices are received by the planning authority to submit any submissions or observations they may have. (€20 fee is required unless the third party already made a submission on the application)

A decision will be made 4 weeks after the date that further information is received. In the case of an application including an EIS, a decision will be made 8 weeks after the receipt date.

All planning decisions can be appealed to An Bord Pleanala. The appeal will include a written submission and may also include oral hearings.

All planning decisions can be appealed to An Bord Pleanala. When the appeal is made by someone other than the applicant this is a third party appeal. The appeal will include a written submission and may also include oral hearings. The written submission must include the third party’s name and address, the details of the appeal, supporting material and the correct fee. All appeals or “leave to appeal” applications must be made within four weeks of the planning decision.

In planning terms the first party is the person or organisation applying for planning permission. A third party is anyone else who has an interest in the development. In general, in order to be considered a “third party” you must have submitted a comment or objection to the authority within five weeks of the date the authority received the original planning application. Anyone who submitted a comment or objection will have received a written acknowledgement from the planning authority. However, there are some exceptions to this. The criteria for a “third party” are listed below:

• Any person, body or interested group who made submissions or observations in writing to the planning authority in relation to the planning application in accordance with permission regulations (i.e. those who wrote to the authority within five weeks of the application being submitted). These people or organisations will have received a written acknowledgement from the planning authority of their original comments or objections. These people or organisations may submit a third party appeal to An Bord Pleanala within four weeks of the planning decision, and must include a copy of the written acknowledgement of their comments.

• A prescribed body that was entitled to be notified of a planning application but was not notified in accordance with the law. This type of body must apply to An Bord Pleanala for leave to appeal within four weeks of the decision, and if granted permission will have a further two weeks to produce the appeal.

• A body whose aims or objectives relate to the promotion of environmental protection and who meet certain other requirements may be considered a third party where an Environmental Impact Statement (EIS) was required. This type of body must apply to An Bord Pleanala for leave to appeal within four weeks of the decision, and if granted permission will have a further two weeks to produce the appeal.

• A person with an interest in land adjoining the application site. Such a person must apply to An Bord Pleanala for leave to appeal within four weeks of the decision and if granted permission will have a further two weeks to produce the appeal.

Generally, An Bord Pleanala is required to make the decision within 18 weeks. However, this may be delayed, for example where oral hearings are required. If there is a delay An Bord Pleanala should inform the parties of the delay and the reasons for it.

Yes. Except where a person is granted leave to appeal by the Board, an appeal must be received by the Board within four weeks beginning on the date of the making of the decision by the planning authority (N.B. not the date on which the decision is sent or received). The day the decision is made is counted as the first day.

Your own name and address – both of which must be clearly stated. Where an agent makes the appeal on your behalf, he/she must state clearly 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 the subject of the appeal (e.g. a copy of the planning authority decision, or details of the nature and the site of the proposed development, or the name of the planning authority and the planning register reference number 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. (See question 26).

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

In the case of a third party appeal a written acknowledgement (or copy thereof) by the planning authority of the receipt of submissions or observations made by the person (third party) at planning application stage.

Your own name and address - which must be clearly stated.

Where an agent makes the submissions or observations on your behalf, he/she must state clearly his/her own name and address and your name and address.

The subject matter of the submissions or observations – you must give sufficient details to enable the Board to readily identify the application/appeal e.g. a copy of the planning authority decision or the appeal reference number.

The full grounds of the submissions or observations and supporting material and arguments. The Board cannot take into consideration any further unsolicited submissions after the initial submissions or observations are received (except information specifically requested by the Board) and the Board cannot consider non-planning issues.

If a planning authority (e.g. a county council) suspects that unauthorised development (building work) has been or is being carried out, they will issue a warning letter to the owner or person carrying out the development.

If you have received a warning letter you have four weeks to respond in writing. A planning consultant such as R W Nowlan can assist in producing this response and hopefully prevent the issue of an enforcement notice.

After issuing a warning letter the authority will investigate the development and if they find that unauthorised development has been or is being carried out (e.g. if a building has been built or changed without planning permission) they will issue an enforcement letter.

The Enforcement Department of each Council usually gives 4 weeks to respond to the Warning Letter. Whether you have received a warning letter or an enforcement notice you are advised to respond promptly in writing, with the assistance of your planning consultant, architect or surveyor. Depending on the development you have undertaken it may be possible to apply for retention planning permission which would allow you to keep or complete the structure.

If the Council feel that works carried out on your property constitutes development and is not considered exempt development they will require you to submit a retention planning application for the works. However, in certain cases the 7 year rule does apply ( see below)

The 7 Year Enforcement Rule applies to uses/development that has operated as an unauthorised use for over 7 years; once 7 years passes planning enforcement cannot be implemented. However, we would recommend seeking further advice as there are some exceptions to the above rule.

Yes, prior to sale, usually the legal/solicitors will review the planning file to establish that you are fully compliant with your permitted planning permission. For some types of buildings e.g. a residential house, a certificate or written statement from a suitably qualified architect or engineer stating that the building is compliant with planning conditions may be acceptable.

A planning consultant is an expert in the planning process who assists clients in applying for and obtaining planning permission. Planning consultants can assist in obtaining planning permission for any building, structure or outdoor space e.g. an extension, a new house, an office block, a shopping centre, a road, a wind farm, a cable or a redesign of a town centre. All of these require planning permission and all would benefit from the services of a planning consultant.

A good planning consultant can provide much more than simply writing your planning application. RW Nowlan & Associates can also assist with assessing feasibility and developing strategy for your property and assets, provide representation at meetings with councils, provide advice on distressed assets, and provide surveying services. For a full list of our services click here.