Making a Planning Application
All documentation submitted with a planning application forms part of the application and will be included in both the hard copy of the file which the Council are obliged to make available for public inspection and the copy which is available on the Council’s website through the Online Planning Search.
Caution should therefore be exercised in submitting documentation with your planning application which you may not wish to have publicly available.
To obtain planning permission, the applicant must make a planning application. There are four different types of permission. An application may be made for:
- Outline Permission
- Permission consequent to the grant of outline permission.
The most common type of application is for permission, often referred to as full permission.
Can I consult with the Planning Authority in advance?
Yes, this is referred to as a pre-planning consultation and can be requested by phone, in writing or by e-mail. The applicant must submit the following:
- Name and Address
- Contact Details
- Site Address
- Site location map: Scale 1:2500 within the proposed site outline
- Approximate size of site
- Legal interest in site, i.e. Owner/ Purchaser
- Description of the proposed development
Once this information has been submitted, the request will be lodged with the relevant area planner, who will confirm a date for an appointment.
Can I employ an agent to apply for permission on my behalf?
Yes, very few people go through the planning process without availing of the services of an architect or agent. This may take the form of somebody acting as your agent and dealing with the application in its entirety. Alternatively, you may have someone prepare the plans/ drawings for you and you will submit the application yourself.
What must I do in order to make a valid application?
In order to make a valid application you must submit the following:
- Completed Application Form
- Correct Fee
- Site Notice
- Newspaper Notice
- Site Location Map (6 copies)
- Plans/ Drawings (6 copies) – except for outline permission
- Where the applicant is not the legal owner of the land or structure in question, a letter of written consent from the owner must be submitted.
- Rural Housing Application
- Print the Rural Housing Application Form
- Where the application is for residential development that is subject to compliance with Cavan County Council Housing Strategy (Part V) of the 2000 Act:
- Specification of the manner in which it is proposed to comply with section 96 of Part V, or
- A certificate of exemption from the requirements of Part V, or
- A copy of the application submitted for a certificate of exemption. (not required with every application)
- Where the application is for residential development that is not subject to Part V of the 2000 Act by virtue of section 96(13) of the Act: Information setting out the basis on which section 96(13) is considered to apply to the development. (not required with every application)
- Site Suitability Assessment
- Download the Updated 2021 EPA Code of Practice - Site Assessments
- Where the disposal of wastewater for the proposed development is other than to a public sewer information on the on-site treatment system proposed and evidence as to the suitability of the site for the system proposed.
- Where the application refers to a protected structure/ proposed protected structure/or the exterior of a structure which is located within an architectural conservation area (ACA): Photographs, plans and other particulars necessary to show how the development would affect the character of the structure. Applications that refer to a material change of use or retention of such a material change of use: Plans (including a site or layout plan and drawings of floor plans, elevations and sections which comply with the requirements of Article 23) and other particulars required describing the works proposed. (not required with every application)
What should the documents submitted with my application show?
Site Location Map: 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 should be on an Ordinance Survey map with the number of the Ordinance Survey map clearly indicated thereon. The scale of the map should be not less than 1:1000 in urban areas and 1:2500 in rural areas.
- Site/Layout Map (Except for Outline Permission): Plans and drawings should contain detailed structural drawings of floor plans, elevation 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 than 1:200
- Public/ Site Notice: A copy of the signed 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 entrance to the private road where it meets the public road, and at the entrance to the site.
- Newspaper Notice: A copy or original of the newspaper notice 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. View List of Approved Newspapers
All public notices must contain:
- As a heading, the name of the Planning Authority (Cavan County Council) and shall include the name of the applicant;
- The nature of application i.e. permission, outline or permission following the grant of outline permission;
- The location, townland or postal address of the land or structure
- A Brief Description of the Development.
- The notices must state that the application may be inspected or purchased at a fee not exceeding the reasonable cost of making a copy at the offices of the Planning Authority during its' public opening hours and a submission or observation may be made to the Planning Authority in writing on payment of the prescribed fee within the period of 5 weeks beginning on the date of receipt by the authority of the application
Once an application is received by the Planning Department, what happens next?
The planning decision process usually takes 8 weeks. The application will go through the following stages:
- When the planning application is received, the application will be examined to ensure everything is correct and in order, valid or invalid (if found to be invalid, the application will be returned).
- The site notice must be kept up and legible for 5 weeks from the date notice has been erected. The planner will visit the site, possibly on a number of occasions, during this time to check the site notice (if the application is found to be invalid due to site notice, the application will be returned).
- Submissions or observations will be accepted up to 5 weeks from the date of receipt of the application.
- After this, the planner will begin to assess the application and write his/her report where a recommendation is made.
- Application and report then go to the appropriate levels for approval and signing where the decision is made.
- The decision letter will be sent by registered post, normally within 8 weeks from the date the application is received.
- If permission is granted and if no appeal is made after 4 weeks the Planning Authority will issue a grant of permission.
- If Further Information is requested and indeed, possible clarification of Further Information, the applicant has up to 6 months (from the original date the Further Information was requested) to submit the response to both.
- Any decision made can be appealed by the applicant or objectors, to An Bord Pleanála within 4 weeks from the decision date.
- A person who has an interest in land ADJOINING land in respect of which a decision to grant permission has been made, may apply to An Bord Pleanála for Leave to Appeal against that decision.