A 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.

( 104 kbs) 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:- 

• Building, Demolition, Alteration of Buildings or on Land -
• Material (i.e. Significant) Change of Use of Buildings or Land
• New buildings and extensions to/refurbishment of existing buildings

In order to make a valid planning application you must submit the following:

• Completed Planning Application Form
• Correct Planning Application Fee
• Approved Newspaper Notice
• Site Notice
• Site location Map
• Site Layout Map
• Plans/Drawings
• Schedule of Documents/Maps/Plans/etc
• Trial Hole and Percolation Test Results
• Landholding Map

RURAL HOUSING GUIDANCE LEAFLET

Introduction

The guide refers to the development of single houses in the countryside outside of any town or village. The need for residential development to house those who are native to and/or have a genuine necessity to live in the rural area is recognised in the South Tipperary County Development Plan.

South Tipperary County Council policy
4 main issues should be addressed

1. Housing Need
2. Traffic Safety and Sight distance requirements
3. Services – i.e. Water Supply & Sewage Treatment Systems
4. House Design

1. Housing Need

Residential development will be considered in the countryside only when it is for the provision of a necessary dwelling. Applicants are required to established a need to construct a dwelling based on agricultural employment or other established connection with the locality based on living within 10km of the proposed development site for 10 years of more. Part 2 the Planning Application form includes questions/information required to substantiate a proposal to construct a dwelling in the open countryside.

Policy SS 5Policy SS 5:

Individual Houses in the Open CountrysideIt is the policy of this Council to facilitate individual houses in the open countryside at locations removed from the following pressure areas;

• Areas identified as Primary/Secondary Amenity Areas as referred to in Chapter 6 and illustrated in the Appendices of the County Development Plan;
• National Primary, National Secondary and Regional Roads;
• On the approach roads to Towns and Villages; and
• On local roads where there is an existing pattern of ribbon development as set out in the Sustainable Rural Housing Guidelines 2005 (DoEHLG) and any amendment thereof.

And where the following criteria are met

• The proposal is for an individual house; and
• It is being made by any one of the following persons
  1. a farmer of the land
  2. a direct descendent of a farmer of the land
• a person who has lived in the open countryside, outside of the Service Centres, within 10km of the proposed location for any 10 year period of that person’s life
• The house design, siting and layout is in accordance with the Rural Design Guide for Individual Houses in the Countryside as set out in Appendix 4; and
• The house is for that person’s own use; and
• The applicant can reasonably demonstrate that he/she has a housing need and is eligible under the above criteria

An exception may only be made in Amenity Areas, on Agriculturally zoned land within settlements, on approach roads to towns and villages and on Regional Roads where:the proposal is for an individual house; and

• it is being made by any one of the following persons;
  1. a farmer of the land
  2. a direct descendent of a farmer of the land.
• it is not possible to locate the house on other lands within the family landholding and outside the pressure area; and
• the house design, siting and layout is in accordance with the Rural Design Guide for Individual Houses in the Countryside as set out in Appendix 4; and
• the house is for that persons own use; and
• the applicant has a housing need; and
• the applicant can demonstrate that he/she is eligible under the above criteria
• the proposed development will not prejudice the potential future development of the landholding.

If you are seeking permission on the basis of having a housing need and connection to an area, it will be necessary for you to submit supporting documentation such as birth certificates, school records or any documentation which indicates residence in any area for the required period of 10 years with your application.

2. Traffic Safety and Sight distance requirements

A new house will generally require a new entrance onto the public road. All entrances must attain an acceptable degree of safety; in particular that adequate ‘sightlines’ are available at the entrance. The term ‘sightlines’ refers to both the ability to see clearly up and down the road at the proposed entrance when exiting and also the ability to see cars approaching when turning right into the entrance. When making a planning application, it will be necessary for you to clearly show the sightlines proposed and state how they comply with the normal engineering standards. Where the provision of sightlines requires works outside the site, it will be necessary for you to submit evidence that you have sufficient control of the lands or permission from the landowner to carry out the proposals and to maintain the sightlines in the future.

Please see attached sight line triangle diagram which should be used in conjunction with the above distance required based on the road type.

( 460 kbs) Plate-Sight Triangle

3. Services

Sewage

South Tipperary County Council has a list of approved Site Suitability Assessors. Proposals for on-site effluent disposals systems must comply with current EPA guidelines. Any application for permission must be accompanied by all necessary site tests which must be carried out by an Assessor from our approved list.

Water

Please ensure that details of your water supply are submitted with your application documents. Supplies should be from the Public Mains and connection to same should be clearly indicated. Should a well be required in exceptional circumstances details of same should be submitted on the site layout plan which clearly indicates adequate separation distances from the treatment system/adjoining developments

4. HOUSE DESIGN

New houses are required to be sited in such a way that they blend well into the landscape and do not form overly visible or strident features on the landscape.The design of the house should be sympathetic to the area and should reflect traditional house designs in the area. Modern design will be considered where the dwelling can be well integrated into the landscape.Further information on the design and siting requirements of South Tipperary County Council are set out in The Rural Design Guide Appendix 4 of the South Tipperary County Development Plan 2009 which is available for viewing on www.southtippcoco.ie

PLANNING SECTION
South Tipperary County Council
UPDATED APRIL 2009 S121

In the case of multiple housing and large developments the application must be accompanied by additional information such as;

1. Development Impact Assessment ( 223 kbs) Development Impact Assessment
   Design of Residential Developments:  The following documents which are available for download at www.environ.ie should be consulted at the earliest stage of the design process:
   • Urban Design Manual - A Best Practise Guide (May 2009),
   • Design Standards for New Apartments (September 2007),
   • Sustainable Residential Development in Urban Areas (May 2009),
   • Sustainable Rural Housing Development (April 2005)
2. Infrastructural Services 
   Complete details (including layout, longitudinal and cross sections as appropriate) of associated infrastructure such as roads, footpaths, open spaces, public lighting, water supply and waste water and storm water disposal. Applicants are advised to consult Policy INF 5:Water Supply and Waste Water and Section 9.12 Waste Water Treatment Infrastructure of the CDP 2009-2015 in this regard.
3. If you are applying for housing on land which is zoned solely for residential use, or for a mixture of residential and other uses, you will be subject to the provisions of Part V of the Planning and Development Act, 2000, as amended by the Planning and Development (Amendment) Act, 2002, the purpose of which is to boost the supply of social and affordable housing.
    
   You are advised to familiarise yourself with the contents of the Tipperary South Housing Strategy, which can be purchased from the Council for €20 or may be inspected at the offices of the Council or on the Council’s website www.southtippcoco.ie.  
   If you are providing a scheme of 5 or more houses or housing on land of 0.1 hectares or more, on land which is zoned solely for residential use, or for a mixture of residential and other uses, you will, in the event of planning permission being granted, be required to comply with the requirements of Section 96 of the Planning and Development Act, 2000, as substituted by Section 3 of the Planning and Development (Amendment) Act, 2002 and enter into an agreement with the Council pursuant to same.
   Prior to submitting a planning application you are requested to contact the Senior Executive Officer, Housing Department, South Tipperary County Council to discuss your proposals to formulate an agreement.  A copy of your “Agreement in Principle” specifying the manner of compliance with Part V should accompany your planning application. 
   If you are providing 4 houses or less or housing on land of 0.1 hectares or less, on land which is zoned solely for residential use, or for a mixture of residential and other uses, you will be required to obtain from the Council an Exemption Certificate which will indicate that Section 96 of the Planning and Development Act, 2000 as amended, does not apply.  Application forms and details are available at the Planning Section. ( 85 kbs) Exemption Application Form
   
   This Certificate must be obtained prior to making your planning application.  A copy of your Certificate is required to be submitted with your application for permission.

4. 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.

5. 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:

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 ( 68 kbs) 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

• ( 207 kbs) STCC Development Contribution Scheme 2011 - 2015
  
• ( 320 kbs) CBC Development Contribution Scheme 2009-2015
  
• ( 569 kbs) Carrick on Suir TC Development Contribution Scheme 2009-2015
  
• ( 209 kbs) Tipperary Town Development Contribution Scheme 2009 -2015
  
• ( 126 kbs) Cashel Town Development Contribution Scheme 2009-2015
  

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.