

All Development of land or property requires Planning Permission unless it is Exempt Development.
To obtain planning permission you must make a planning application. This guide has been prepared to assist you in meeting the legal requirements of planning applications as outlined in the Planning and Development Acts 2000-2007 and the Planning and Development Regulations 2001-2008. It is important therefore that, prior to submission your application, you read the information guide, that all questions are fully answered and that all necessary documentation is submitted. If the requirements of the Planning and Development Regulations are not met, South Tipperary County Council will not be in a position to assess your application and it will be declared invalid and returned.
Make a Planning Application within a Borough/Town CouncilA pre-planning consultation can be requested with the planner for your area prior to making an application. The attached pre-planning consultation form must be completed and returned to the Planning Office together with the relevant location map by e-mail to (Planning@southtippcoco.ie) or by post to Planning Office, South Tipperary County Council, Aras an Chontae, Clonmel, Co. Tipperary.
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Pre-Planning Consultation Form
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.
All development of land or property requires Planning Permission unless it is Exempt Development.
Development means except where the context otherwise requires, the carrying out of any works on, in, over or under land or the making of any material change in the use of any structures or other land
Development includes:-
In order to make a valid planning application you must submit the following:
In the case of multiple housing and large developments the application must be accompanied by additional information such as;
Environmental Impact Assessment
E.C. Directive 85/337/EEC, as amended by E.C. Directive 97/11/EC, requires that certain public and private projects require an Environmental Impact Assessment (EIA) before development consent is given. The type of projects listed in Annex 1 and Annex 11 of the Directive includes factories, chemical installations and pharmaceutical plants, textile, leather, wood and paper industries, intensive pig-rearing and poultry installations, etc. Regulations have been made by the then Minister for the Environment and Local Government, as follows:-European Communities (Environmental Impact Assessment) Regulations, 1989 to 1999 incorporating the E.C. Directive into Irish law. These Regulations have been subsumed into the Planning and Development Regulations, 2001 which list the developments which must be accompanied by an Environmental Impact Statement (EIS).
Consultation with the Planning Authority is advisable prior to submitting an application for permission where an EIS is or may be required.
Appropriate Assessment
Natura 2000 sites are those identified as sites of Community importance designated under the Habitats Directive (Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora) i.e. a Special Areas of Conservation (SAC), or the Birds Directive (Council Directive 79/409/EEC on the Conservation of Wild Birds) i.e. Special Protection Areas (SPA’s). The Habitats Directive requires Appropriate Assessments (AA) to be undertaken where a plan or project, which may not be directly linked to a Natura Site but which may give rise to significant effects upon a Natura 2000 site. Therefore where a proposed development is likely to have adverse effects on the integrity of a ‘non-priority’ site of international importance for nature conservation, permission should only be granted where there is no alternative solution and where there are imperative reasons of overriding public interest in favour of granting permission, including those of a social or economic nature. The Appropriate Assessment of Plans and Projects in Ireland – Guidance for Planning Authorities is available for download at http://www.npws.ie/en/media/NPWS/Publications/CodesofPractice/AA%20Guidance.pdf
When you apply for planning permission, your application particulars will be published on a weekly list which is available on request by email to any person, body or organisation.
Your application includes all submissions and objections, the decision and any reports. These must be made available for public inspection (also available on Council’s website) for a period of 7 years. (Persons making submissions have a right to appeal the Council’s decision to An Bord Pleanala). If a person has not made a submission he or she will have no right of appeal except in exceptional circumstances. A member of the public may purchase from the Council a full copy of your application including plans, maps and drawings, submissions and objections, the decision and any reports. The schedule of charges is as follows:
MAPS/DRAWINGS:
| Size | Black and White | Colour |
|---|---|---|
| A0 | €10.00 | Not available |
| A1 | €8.00 | Not available |
| A2 | €5.00 | Not available |
| A3 | €1.00 | €5.00 |
| A4 | €0.50 | €3.00 |
South Tipperary County Council has a period of 8 weeks to assess and decide on your planning application. Before the 8 week period expires, the Council must grant permission, refuse permission, request further information or, with your agreement, extend the time period.
The Council cannot determine your application within the first 5 weeks. This is to allow third parties an opportunity to inspect and make submissions on your application.
If on request, further information is forwarded to the Council and does not require any clarification, the Council has 4 weeks to make a decision on your application.
If you do not reply to further information within 6 months of being requested, your application will be declared withdrawn.
The nine days from 24 December to 1 January inclusive are excluded from the 6 months, 8 weeks, 5 weeks and 4 weeks time periods.
As the applicant, if you are not happy with the Council's decision or conditions, it can be appealed to An Bord Pleanala.
As the objector, if you submitted a valid objection you can also make an appeal. This must be done within 4 weeks of the Council’s decision. Day one is the day on which the decision is made. See link below for last day calculator calendar.
If you have lost your acknowledgement of objection which was issued, a duplicate can be printed please contact us 052 6134646, you need this document to make a valid appeal.
Link to An Board Pleanala Website: http://www.pleanala.ie/
Link to Appeal Checklist http://www.pleanala.ie/guide/appeal_form.htm
Link to calendar http://www.pleanala.ie/
ABP Appeal Fee's (
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ABP Fees for 2011
If you have not made a submission within the five week period but now wish to appeal under Article 37 (6) (a) of the Planning and Development Act 2000, a person who has an interest in land adjoining the application site may “apply to the Board for leave to appeal”. This means they have the rights to make their case to the Board that they should be allowed to appeal. This must be done within four weeks from the date of the Notification of Decision. It is also possible to appeal one or more of the Conditions attached to your decision to Grant.
Once an application is on appeal anybody can make a submission to An Bord Pleanala for the prescribed fee. This must be done within 4 weeks of the appeal being lodged.
Where public services (e.g. public water supply services/public waste water drainage services/road infrastructure/recreational and community facilities and amenities/car parking facilities, etc.) are provided/will be provided in South Tipperary which benefit the proposed development, it is the Council’s policy to require payment of a contribution towards the CAPITAL cost of such infrastructure. The contributions are as set out in the relevant Development Contribution Schemes
Special contributions are also payable where specific exceptional costs have been or will be incurred by South Tipperary County Council. Contributions are payable upon commencement of development. These charges are totally unrelated to Connection Fees payable to the Water Services Section of South Tipperary County Council as Water Services Authority.