Planning Permissions

Planning permission is required for the carrying out of any development of lands. Development of land means the carrying out of building, engineering, minor, or other operations on, over, or under land.

It also encompasses the material change of use of any building or land. Building operations include demolition, rebuilding, structural alterations, or additions, or other operations normally undertaken by a builder.

Certain works are deemed not to be development. This includes maintenance improvement, an alteration of a building affecting only the interior or not materially affecting the external appearance.

The use of a building or any other lands within the curtilage for purposes incidental to the enjoyment of the dwelling.

The department may make regulations for particular classes of works and changes of use, which are exempt or are generally permitted. Certain demolitions of buildings may be exempted by durations set by the department.

A material change of use is a question of fact and degree. Small changes are not material changes. The intensification of an existing use may constitute a material change.

What constitutes a material change is considered relative to the planning unit. The planning unit is the whole of an area used for a particular purpose. Secondary activities are incidental and ancillary. Planning is concerned with the primary use of land and not ancillary uses. Recurrent seasonal use may be permissible, allowing for dual-purpose use.

The Planning Act of 2011 divides developments into major developments and local developments. The department specifies classes of development as belonging to major or minor local developments, respectively. It may direct a particular local development to be treated as if it were a major development.

Conditions may be imposed on the granting of planning permission for acquiring or regulating the development or use of land under the control of the applicant or for acquiring works to be undertaken on such land as are expedient in connection with the authorized development or by requiring the removal of buildings or works by discontinuance of the use of any land authorized.

Planning permissions can be granted for a limited period. They may require the removal of buildings or works or the discontinuance of use after the period has terminated.

Permissions may be imposed on the granting of planning permissions for the working of minerals after working is complete or for the restoration and reinstatement of the site. Restoration or after-care conditions may be set.

An application can be made to vary the conditions applicable to a planning permission. An application can be made for retention permission where development is carried out without planning permission or in breach of the terms of a planning permission.

Regulations may be made dealing with the manner in which applications for planning permission are to be dealt with by councils or the department, including, in particular:

• Allowing the department to give directions to restrict granting permissions by a council indefinitely or during a specified period for such development as may be specified.
• Enabling the department to give directions to the council requiring, in respect of any such development or class of development that may be specified, to consider whether the planning council is minded to grant permission, imposing specified conditions, or not to grant permission without satisfying the department that such consideration has been given and that specified conditions need to be imposed.
• Requiring that councils must consult with specified persons before granting or refusing permission.
• Requiring that the department must consult with other authorities or persons before making or refusing a planning permission.
• Requiring the council or the department to issue notices as may be specified in relation to the determination of the matter.
• Requiring the council or department to give any application for consent or approval required by a condition in the planning permission notice of the decision or such other information as may be specified.

Planning permission attaches for the benefit of the land and all persons for the time being having a right to it.

Appeal

The applicant may appeal a grant of planning permission subject to conditions or a refusal to the Planning Appeals Commission. This does not apply to applications that have been called in by the department. The Planning Appeals Commission may reverse, confirm, or vary part of the decision. It must give the applicant or a council an opportunity to be heard if they still desire. If there is undue delay in the processing of the appeal, the Appeals Commission may give notice that the appeal will be dismissed unless the requisite steps are taken.

Appeals are not to raise matters that were not before the council or the department at the time the decision was appealed, unless the third party can demonstrate that the matter couldn’t have been raised at the time or that it was not raised due to exceptional circumstances. An appeal may be made against certain delays or failure to take a decision on a planning application.

Duration

Planning permissions are generally subject to a condition that the development to which they relate must be begun within five years, or such other longer or shorter periods as may be applied to the planning as appropriate having regard to the permissions of the local development plan. Five years is the default permission duration.

The above provisions do not apply to outline planning permissions, permissions granted by development regulations, permissions granted in an enterprise zone scheme, or simplified planning zone scheme that exemplify development regulations.

An outline planning permission is one which is conditional on subsequent approval by the council of reserved matters. An outline permission must be granted on condition that the reserved matters must be the subject of an application for approval within three years, and the development must be begun within the expiration of five years from the grant of the outline permission or two years from the final approval of reserved matters. The above periods may be varied by the council or department.

A council or department may serve a completion notice if it is of the opinion that development will not be completed within a reasonable period. It states that the planning permission has ceased to have effect at the expiration of the period in the notice. The period must be not less than 12 months after the notice takes effect.

The council may make no material changes to planning permissions. This may involve the alteration of conditions or the imposition of new conditions. The application may be made for the non-material change under the procedures set out in regulations. This may only be made by a person with an ownership interest in the land.

A council may revoke or modify a planning permission, having regard to the local development plan or other considerations. This primarily can be exercised before the completion of the works or change of use, which will not affect operations previously carried out. After-care conditions, including restoration conditions, may be imposed. An order may not be made unless it is confirmed by the department. Notice of the making of the order must be served on the owner and occupier of the land affected and any other person affected by the order. They are given an opportunity to make representations in relation to the matter. There are equivalent provisions for revocations or the modification of a planning permission granted by the department.

If it appears to the council that it is expedient in the interest of proper planning within its district that a land use be discontinued or conditions be imposed or building works be altered or removed, the council may require the discontinuance or alteration. The reason may be for the granting of planning commission subject to such conditions as may be applied as if it was a new planning permission.

An order is not effective until confirmed by the department, with or without modification. The department has a similar power to itself and must consult with the local relevant council where applicable.

A person who has an interest in the state and land may enter an agreement facilitating or restricting development or operations requiring the land to be used in a particular way or requiring money to be paid to the authority on a specific date or to a government department.

A planning agreement may be unconditional or subject to conditions. It may impose restrictions and requirements, but it may not require sums to be paid.

A restriction in a planning agreement is enforceable by injunction against the person entering the agreement and the person deriving an interest.

Sums to be paid under a planning agreement are deemed to be charged on land, and the powers applicable to mortgages by deed apply where the agreement is entered with the council or department. The general development land rules do not apply to land in which the council has an interest.