A Guide To Making A Planning Application
Kerry County Council is committed to the provision of a high quality service to its customer. As part of this process information needs to be provided that is clear, accurate and which meets the requirements of all of our customers. In order to assist the public in making a valid planning application that complies with the regulations, Kerry County Council has produced this web page "A Guide to Making a Planning Application". The Guide contains information about applying for planning permission, and setting out clearly the information required on submitting a formal planning application.
This Guide is intended as a Practical Guide. It is not a definitive legal interpretation of Planning Law.
The Law governing the planning system is set out in the Planning & Development Act 2000-2010, and may be purchased from the Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin 2 Telephone (01) 6613111. Please note that the law may be updated from time to time. The Planning & Development Act 2000-2010 provides that planning permission is required for all development other than that exempted by statute and regulations. The word “Development” is defined as "the carrying out of works on in over or under land or the making of any material change in the use of any structure or other land".
How long will it take to get Planning Permission
What is the Housing Strategy?
Appeals to An Bord Pleanála
Making a Valid Planning Application
Accepted Newspapers
Types of Permission
There are three types of Permission, namely, Outline Permission, Permission following Grant of Outline Permission and Permission.
Outline Permission: Where a person wants to initially find out if permission will be granted for a particular development, but is not in a position to submit the exact plans then outline permission is most suitable. The grant of Outline Permission states that the Planning Authority is in agreement in principle to the proposed development, subject to the submission of an application for "Permission following grant of outline permission"(Permission Consequent).
Permission following grant of Outline Permission (Permission Consequent): This type of application follows the grant of an Outline Permission and must be submitted within 3 years of the grant of outline permission. It provides for the submission of detailed plans and drawings of the proposed development.
Permission: This type of planning application provides for the submission of detailed plans and full particulars of the proposed development. A successful application in this case will enable the applicant to commence development if he or she is otherwise entitled to do so.
Who Can Make a Planning Application?
To submit a formal planning application the applicant must have sufficient legal interest in the site or property in question.
If you are not the owner, you should state the name and address of the owner.
To Obtain Planning Permission
To obtain planning permission you must make a planning application to the Planning Authority for the area where the proposed development is located. In the case of County Kerry, Kerry County Council is the Planning Authority for the County excluding Tralee Town Council, Killarney Town Council and Listowel Town Council. The planning application must be made in accordance with the strict parameters set out in the Planning Act and the Planning Regulations.
Choosing An Architect/Agent
Very few people go through the whole planning process without availing of the services of an architect or agent at one stage or other. This may take the form of having someone act as your 'agent' and deal with your application in its entirety. In such cases all correspondence will issue to you at your agents address thus enabling them to deal with any problems that may arise.
Alternatively, you may have someone prepare the plans/drawings for you and you will submit the application yourself.
All of the necessary information to be submitted with any application should be included on the plans/drawings. It is essential that whoever you choose is familiar with the relevant Development Plan, Planning Regulations & Planning Law and who is also familiar with the specific requirements of the Council as regards traffic safety, public health, design standards, etc.
Pre Planning Advice
Persons interested in a particular site can avail of our free pre planning advice service by submitting to the Planning Authority a map with the site in question outlined in red together with any other relevant details and contact details.
Can Other People Comment On a Planning Application?
Irish planning legislation gives very strong emphasis to third party rights. Consequently, the process of the planning application has three parties, the Planning Authority, the applicant and the general public. This is supported by the general right of any person to see a copy of your application and to make written submissions or observations to the Planning Authority and/or to appeal the Authority decision to An Bord Pleanála. (Under the Planning & Development Regulations 2001-2011, submissions or observations must be made within the first five weeks of the planning application, and a fee of €20.00 paid). In this process the Planning Authority must ensure that applications are fully documented and descriptive of the proposed development, so that the impact of proposals can be understood by all parties.
How Long Will It Take To Get Planning Permission?
The Planning Authority is obliged to make a decision on a valid planning application within 8 weeks of receiving it. If the initial documentation submitted is not correct the planning application must be invalidated. When the Planning Authority issues a decision, there follows a period of 4 weeks, within which the applicant or a third party can appeal the decision to An Bord Pleanála. Where no appeal is lodged within the 4 week period the Planning Authority issues the "grant" of permission.
What is the Housing Strategy?
A Housing Strategy has been prepared by Kerry County Council in accordance with Part V of the Planning and Development Act 2000-2010, as amended, and has included a provision that up to 20% of residentially zoned land be provided for the provision of Social and Affordable Housing.
Details of compliance with the requirements of the Act must be submitted with your application. If your proposal is in residentially zoned land, and is for less than 4 housing units or 0.1 hectares of land you are exempt, but you must have been granted or applied for a Certificate of Exemption from the Planning Authority before you make your planning application. If your proposal is for more than 4 houses or on an area greater than 0.1 hectares of land, particulars of an agreement on the provision of Social /Affordable Housing should be submitted with your application. This agreement should be made with the Housing Section of Kerry County Council.
Appeals to An Bord Pleanála
Where an applicant or a third party involved in a planning application is unhappy with the decision of the Planning Authority then this decision may be appealed to An Bord Pleanála, an independent appeals board (but only (a) where an initial submission/observation has been made to the planning authority in respect of the application or (b) by a person who has an interest in adjoining lands in respect of which a decision to grant permission has been made, who may apply to the Board for leave to appeal the decision). The appeal must be lodged with the Board within 4 weeks of the date of the making of the decision by the Planning Authority and addressed to The Secretary, An Bord Pleanála, 64 Marlborough St, Dublin 1. The complete grounds of appeal must be fully stated at the initial stage as further submissions are not acceptable. Further details can be obtained from An Bord Pleanála
Making A Valid Planning Application
In the process of making a valid planning application you must describe the proposed development for both the Planning Authority and the general public.
This is done by: Completing the application form
Submitting plans/drawings of the proposed development
Supplying other relevant documentation
To ensure that your application is valid the detailed questions in the application form must be completed accurately and with the submission of the required information the Planning Authority will be in a position to process the planning application within the minimum time period allowed.
Accepted Newspapers 3rd Oct 2011 – 30 April 2012
The following are the “accepted newspapers” in which the Planning Authority will accept planning application notices;
Irish Examiner
Irish Independent
The Star Newspaper
The Irish Sun
The Kerryman
The Kerry’s Eye
Contact Information
Planning Department
Rathass,Tralee,
Co. Kerry
Tel: (066) 7183582
Fax: (066) 7120328
E-mail: plan@kerrycoco.ie
Get directions to this office
