Frequently Asked Questions

Do I need Planning Permission?
What is Exempted Development?
How do I make a Planning Application?
Can I consult with the Planning Authority in advance?
Can I employ an agent to apply for Permission on my behalf?
What must I do in order to make a valid Application?
What should the documents submitted with my Application show?
Once an application is received by the Planning Department, what happens next?
How do I object to a Planning Application?
Is my objection to an Application confidential?
What happens if I want to withdraw my objection?
How long does it take to make a decision?
What happens next?
Is there any circumstance under which I can make an Appeal if I have not made a submission within the five week period?
How do I appeal the Council's Decision?
When can I start building?
What is a Commencement Notice?
When is a Commencement Notice required?
Where do I send my Application?
How much notice do I have to give before I can start work?
How much does it cost?
Do I need a Fire Safety Certificate?
Where do I apply?
Protection of Built and Natural Heritage

Q1. Do I need Planning Permission?

All Development of land or property requires Planning Permission unless the Planning Acts say it is Exempt Development.

Development includes:

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

Q2. What is Exempted Development?

Exempted development is development for which planning permission is not required. Generally, it includes developments of a minor nature such as:-

Building of an extension, shed, garage, boundary walls, etc. within the curtilage of a dwelling house subject to conditions and limitations (see below) and not restricted by a condition of a planning permission.
Works that affect only the interior of a structure.
Works that do not affect the external appearance of a structure.
Some changes of use.

Persons living in new or recently constructed housing estates should check the planning permission for the development as sometimes conditions are applied specifying the need for planning permission for development that would normally be considered exempted development.

If your property is in the remit of an Architectural Conservation Area, Special Amenity Area Order, or is a Protected Structure/Listed Building these exemptions do not apply.

The following leaflets give details of the main exemptions:

Full details of exempted development provisions including conditions and limitations is contained in Schedule 2, Part 1 of the Planning and Development Regulations 2001, S.I.600 of 2001 which is available on www.irishstatutebook.ie

Q3. How do I make a Planning Application?

To obtain planning permission, the applicant must make a planning application. There are four different types of permission. An application may be made for:

Permission
Outline Permission
Permission consequent to the grant of outline permission
Retention

The most common type of permission is for permission, often referred to as full permission.

Q4. 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 ( Planning@ennistowncouncil.ie ). 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 planner, who will confirm a date for an appointment.

Q5. 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.

Q6. 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)
Approved Newspapers for this Area

Q7. What should the documents submitted with my Application show?

Social and Affordable Housing Certificate

It is important to note that before applying for planning permission, applicants should ensure that they have applied for or obtained their Certificate of Exemption in cases where development does not apply to the requirements for the provision of social and affordable housing etc.

Site Location Map (6 copies)

The Site Location May 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 must be on an Ordinance Survey map with the number of the Ordinance Survey map clearly indicated thereon, together with the north point. The scale of the map should be not less than 1:1000 in built-up areas and 1:1250 in all other areas.

Site/Layout Map (6 copies)

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 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.
All notices must contain:

As a heading, the name of the Planning Authority 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.
The nature and extent of the development.
The planning 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 that a submission or observation in relation to the application may be made to the 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.

Q8. Once an application is received by the Planning Department, what happens next?

The planning permission process takes 8 weeks in total. 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 during this time to check the site notice (if the site notice is found to be invalid due to site notice, the application will be returned).

Objections and 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 within 8 weeks of 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 Additional Information is requested, the applicant has up to 6 months to submit the response.

Any decision made can be appealed by the Applicant or objectors, to An Bord Pleanála within 4 weeks from the decision date.

Q9. How do I object to a Planning Application?

Anybody can lodge their comments on a Planning Application. This must be done within five weeks of the date the application was lodged with the Council. All objections must also be accompanied by the €20 fee as required by the Department of the Environment and Local Government.

PL3. Guide to commenting on a Planning Application

Q10. Is my objection to an Application confidential?

No. All members of the public can view objections on planning applications at our offices and also on our website. We retain our files for public viewing for seven years.

Q11. What happens if I want to withdraw my objection?

There is no mechanism in the regulations for the withdrawal of an objection. You may however, make a further addition to your submission instructing the Planning Authority to disregard your original observation. This must be done as soon as possible, as we can only accept any form of submission on a planning application within the first five weeks. Both letters then remain on the file.

Q12. How long does it take to make a decision?

When the five week observation period is over the decision will be made within three weeks. All parties who commented on a planning application will be notified of the decision. This is done by registered post except if additional information is requested.

Q13. What happens next?

If you are not happy with the decision the Planning Authority has made, you can appeal this decision to An Bord Pleanala, see information below:

Q14. Is there any circumstance under which I can make an Appeal if I have not made a submission within the five week period?

Under Article 37 (6) (a) of the Planning Act 2000 to 2010a 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 right to make a 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.

To apply for Leave to Appeal see section 29 in An Board Pleanála's Guide to making a Planning Appeal.

Q15. How do I appeal the Council's Decision?

As the applicant, if you are not happy with the decision the council has made you can appeal this decision to An Bord Pleanala. Or if you submitted a valid objection you can also make an appeal. This must be done within in 28 days of the Council's decision. Day one is the day on which the decision is made.

If you have lost your acknowledgement of objection which we issued, we can re-print a new one, please contact us on (065) 6869550, you need this to make a valid appeal.

Is there any circumstance under which I can make an appeal if I have not made a submission within the five week period?

Under Article 37 (6) (a) of the Planning Act 2000 to 2010a 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.

Did you know - You can also appeal one or more of the conditions attached to your grant of Planning Permission.

See section 29 in An Board Pleanála's Guide to making a Planning Appeal

Did you know - Once an application is on appeal anybody can make a submission to An Bord Pleanála for the prescribed fee, this must be done within four weeks of the appeal being lodged.

Q16. When can I start building?

Within 28 days of the decision to grant planning permission an appeal can be lodged with An Bord Pleanála objecting to the decision. Work cannot begin until after this time period and notification of Final Grant has been issued by Ennis Town Council or An Bord Pleanála.

Prior to commencement of work a 'Commencement Notice' must be submitted to the Building Control Section of the Planning Dept giving 2 weeks notice of the intention to start work.

Q17. What is a Commencement Notice?

A commencement notice is a notice in writing to your building control authority that you intend to start works or a material change of use to which the Building Regulations apply.

Commencement Notice [PDF, 131KB]

Q18. When is a Commencement Notice required?

In all cases where Planning Permission and/or a Fire Safety Certificate is required, a commencement notice should also be submitted.

One must also be submitted for works in connection with a material alteration (excluding minor works) of a shop, office or industrial building for which a Fire Safety Certificate is not required.

You do not need to send in a commencement notice for works or a change of use which are exempted development under the planning code, and for which a fire safety certificate is not required.

Q19. Where do I send my Application?

Application forms should be sent to the following address:

Building Control Section,
Clare County Council,
Central Fire Station,
Ennis.

Applications should be accompanied by the appropriate fee.

Q20. How much notice do I have to give before I can start work?

A minimum of 14 days notice must be given and work must start within 28 days of your notice being received. Notice starts from the date that a valid application is received by Clare County Council.

Q21.How much does it cost?

€30, or where

the proposed works or the material change of use (as the case may be) relate to more than one building, and
neither part III, of the Building Control Regulations, 1991 or part III of the Building Control Regulations, 1994, apply to such works or buildings, €30 in respect of each building

The maximum fee for a commencement notice is €3,800. (please note these fees are correct at 31^st August 2007 but may be subject to change)

Payment can be made by cheque, cash, Postal Order or credit card. Cheques and Postal Orders should be made payable to Clare County Council.

The most common errors made on Commencement Notices are as follows:

Insufficient Notice - An application will be rejected as invalid if the minimum of 14 days notice is not given on the application form. A commencement notice will not be accepted if more than 28 days notice is given. Notice begins on the date the application is received in the Clare County Council offices.
Incorrect Fee - Do not forget to enclose the appropriate fee. If in doubt about the amount due, contact the Building Control Section on (065) 6821616 for clarification.
No Final Grant - Work cannot commence until you have received your Final Grant from the Planning Dept.
Cheque Incorrectly Completed - Cheques and Postal Orders should be made payable to Clare County Council.
The Legislation - The requirement for and the legislative background to a commencement notice is set out in the Building Control Act 1990 (no 3 of 1990) and the Building Control Regulations 1997 (SI no 496 of 1997). These can be viewed online at www.environ.ie or alternatively can be purchased from the Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin 2, Telephone: (01) 6613111

Q22. Do I need a Fire Safety Certificate?

With the exception of houses and certain agricultural buildings, a fire safety certificate is required for all new buildings (including apartments and flats), as well as material changes of use and certain alterations and extensions to buildings, before work begins.

If you are in any doubt, the Chief Fire Officer can be contacted at (065) 6821616.

Q23. Where do I apply?

Fire Safety Certificates are processed by the Building Control Section of the Planning Department, they may be contacted on (065) 6821616. Application forms [PDF, 95KB] are available from, and when completed should be sent to, the following address:

Building Control Section,
Clare County Council,
Central Fire Station,
Ennis.

Applications should be accompanied by:

Plans, calculations and specifications for the works or building
Details of the nature and extent of the proposed use and where appropriate, of the existing use of the building
The appropriate fee based on floor area

The Legislation

The requirement for and the legislative background to a Fire Safety Certificate is set out in the Building Control Act 1990 (no 3 of 1990) and the Building Control Regulations 1997 (SI no 496 of 1997).

These can be viewed online at www.environ.ie or alternatively can be purchased from the Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin 2. Telephone: (01) 6613111

Q24. Protection of Built and Natural Heritage

Built Heritage:

Structures are protected either as:

Archaeological features or sites known as Recorded Monuments and listed on the Record of Monuments and Places (RMP)
Individual buildings designated as Protected Structures (previously known as Listed Buildings) and included in the Record of Protected Structures
A group of buildings or streetscape which are part of an Architectural Conservation Area

Protected Structures and Architectural Conservation Areas are designated by Ennis Town Council. The National Monuments Section of the Department of the Environment, Heritage and Local Government decides which features are Recorded Monuments. The location of these sites and features are shown on the Archaeological Survey of Ireland Maps.

Natural Heritage:

The most important designations for the natural heritage are:

Special Areas of Conservation (SACs)
Special Protection Areas (SPAs)
Natural Heritage Areas (NHAs)
Special Amenity Area Orders (SAAOs)

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