Galway County Council

Planning

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Introduction

To obtain planning permission, the applicant must make a planning application. Planning application forms and full details are available from the Planning Office. The applicant must complete the form and submit it together with all the necessary documentation and appropriate fee . Advice and guidance is available from the planning office to help applicants in making the application and, if necessary, they can contact the office before making an application to ensure that it is complete and that all documentation is attached and that all other requirements have been met.

The planning system is open and transparent and everyone (individuals, residents associations, etc.) has the right to see an application lodged and to make submissions or observations either positively or negatively on it if they think it will affect them or their neighbourhood. Persons may also make submissions or observations on an application even if they are not directly affected but feel strongly about a particular issue and want to express an opinion.

Submissions or observations should be addressed in writing to the Planning Office, quoting the reference number of the application. Submissions or observations must be made within 5 weeks of the date of receipt of the application and accompanied by a fee of € 20 and must include and name and correspondence address..

Members of the public are entitled to view, free of charge, all documents submitted with a planning application, at the planning office during normal business hours, as soon as may be from the date of receipt of the application until the decision is made on it. From approximately two weeks after receipt of the application it is available for viewing on-line. Internal reports on an application prepared by or on behalf of the planning authority can be viewed after the planning decision has been made. Planning files are available for public inspection for up to 7 years after a decision has been made on the planning application.. Older files are available for inspection at a charge of € 10. The Planning Register and register map, which is a record of all planning applications, decisions, appeals, enforcement action etc., is open to public inspection, free of charge, at the planning office and copies of entries in the register can be purchased for a fee (currently € 10).

A Guide To Making A Planning Application

Galway 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, Galway 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, as amended and Planning & Development Regulation 2001, as amended and may be purchased from the Government Publications Sales office, Sun Alliance House, Molesworth Street, Dublin 2 Telephone (01) 6613111. Alternatively, extensive information on Planning law and Regulations can be accessed via the Department of the Environment Website. Please note that the law may be updated from time to time. The Planning & Development Act 2000, 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".

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 Galway, Galway County Council is the Planning Authority for the County excluding Ballinasloe U.D.C. and Galway City 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.

Planning Advice Centers

To facilitate the public, Galway County Council  provides pre-planning advice appointments for planning applicants by prior appointments to meet the planning officer and discuss various matters about a proposed application. The Planning Authority actively encourages the use of this facility and it is free of charge.

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.  They will then receive by post a pre-planning report and pre-planning reference number which must be given when making the pre planning appointment.  Please ring the planning switch at 091 509308 to make your appointment.

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 Pleanala. (Under the Planning & Development Regulations 2001, submissions or observations must be made within the first five weeks of the planning application, and a fee of € 20 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 weeksof receiving it. If the initial documentation submitted is not correct it 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 Galway County Council in accordance with Part V of the Planning and Development Act 2000, 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 Galway 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

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.

Completion Of The Application Form

The following information pertains to the details required for a formal planning application.
PLEASE COMPLETE FORM IN BLOCK LETTERS OR TYPE.

  1. Permission Type
    It is important to indicate the type of planning permission being applied for.
  2. Applicant's Name, Address and Contact Details
    The applicant's forename and surname must be stated together with permanent address. A c/o address is not adequate.
  3. Address to which correspondence and notices are to be sent
    All correspondence and notices will be sent to this address, so it is important to give the exact details. Once submitted this address cannot be changed, except by submission of a new application.
  4. Nature and Extent of Development
    A clear description of type of development proposed is essential and its description must correspond with the public notice (site and newspaper). The correct location of the site must be given by indicating the townland or full postal address, e.g. 10, Main Street, Tuam.
  5. If Applicant is a Company
    The names of the company directors and the address and registration number of the Company must be given.
  6. Name & Address of Person acting on behalf of the Applicant
    Where an agent is employed, the Agents name, address & contact numbers should be stated.
  7. Interest in Land or Structure.
    The applicant must have sufficient legal interest in the site, the subject matter of the planning permission. If you are not the owner then you must have the consent of the owner to lodge the planning application.
  8. Name & Address of Owner
    If you are not the owner of the site, state the name & address of the owner
    1. Area of Land Space (in hectares)
      This must be clearly specified as it may have a bearing on the planning fee payable
    2. If application relates to a building or buildings, indicate
      1. Gross Floor Space of proposed new building
      2. State the number of dwellings (if applicable) proposed
        This question must be accurately answered as it may have a bearing on the planning fee payable.
    3. If application is for material change of use or for retention of material change of use, please
      Provide a statement of existing and proposed use.
  10. Compliance with Housing Strategy (Social & Affordable Housing)
    State if proposal is exempt, and if so attach Certificate of Exemption. If not exempt give details of prior agreement entered into with Housing and Planning Departments on provision of Social/Affordable Housing.
  11. Pre-Application Consultation
    Give date of consultation and reference number , if applicable
  12. Does development entail carrying out works to a protected or proposed protected structure or within an Architectural Conservation Area.
    This will have relevance with respect to the type of permission that you can apply for, the information which must be submitted with the application and the content of the newspaper and site notice.
  13. Does the development require an Integrated Pollution Control Licence or a Waste Licence
    This will have relevance with respect to the type of permission that you can apply for, the information which must be submitted with the application and the content of the newspaper and site notice.
  14. Does the Development require an Environmental Impact Statement
    This question relates to development which would have a major impact on the environment.
  15. Will proposed development be connected to a public water main, group water supply scheme or individual private supply.
    You must indicate here the source of water supply. Where the supply is taken from a Group Water Scheme, you must submit with the application the written consent of the Trustees of the Group Scheme to the taking of a connection from the Group. This written consent must specifically name the applicant. Where it is proposed to use a well or spring as the source of water supply, this should be indicated on site location map and wayleave agreements, where necessary, should be included with the application. It is advisable to have the water tested both for quality and quantity. A minimum of 200 gallons of water per day is the normal requirement for an ordinary domestic dwelling. A Water Quality Report based on a bacteriological/chemical examination should be submitted with the application. Generally, wells should be constructed in accordance with the standards laid down by the Geological Survey of Ireland.
  16. Will proposed development be connected to (a) public sewer or (b)private treatment system.
    .Details of sewerage disposal must be indicated.
    1. Is proposed development a replacement of substandard dwelling.
    2. Is proposed development a new farm house on your farm.
    3. Is proposed development an additional family dwelling on the family farm.
      Within the County, special development controls apply to amenity designated areas and major traffic routes. For the Planning Authority to consider a planning application for development in these areas the applicant must substantiate his/her claim for the proposed development and in this regard the criteria is set out in the County Development Plan.
  18. Newspaper Notice
    Give name of newspaper in which notice was inserted, and date of publication. Only certain newspapers are acceptable and these change periodically. Please refer to the Galway County Council website at www.galway.ie for current list or obtain a current list from the Planning Department.
  19. Site Notice
    Give date Site Notice was erected on the site.
  20. The amount of fee Please indicate amount of fee included and how it was calculated
  21. Statutory Notices
    Give details of any statutory notices, where applicable.
  22. Signature of Applicant
    Only the applicant or agent authorised by the applicant may sign the application form

Documentation Required

Together with the planning application form, the following documentation must be submitted with your application.

1. FEE:

Every planning application must be accompanied with a fee, unless the Planning Regulations specifically provide for exemption. The fees schedule sets out a scale of charges for thirteen classes of development which are outlined here.

2. PUBLIC NOTICE

It is a requirement of the Planning Regulations that a copy of the site notice and the relevant page of the approved newspaper notice be submitted with each planning application (in practice, to speed up the decision period, three of each are asked for). The site notice must be placed on the site for 5 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 delay the processing of the planning application. Where a subsequent application is made within 6 months on the same or part of the same site, the site notice must be on a yellow background.

3. SITE LOCATION MAP

You must submit six copies of the site location map to a scale of not less than 1:1000 in built up areas and 1:2500 in all other areas, and marked or coloured so as to identify clearly the land or structure to which the application relates and the boundaries thereon (subject site to be outlined in red, overall land holding to be outlined in blue). Site location map should be on Ordnance Survey map with the number of Ordnance Survey map clearly indicated thereon, together with the north point.

4. SITE LAYOUT PLAN

It is a requirement that six copies of site layout plan be submitted, drawn to a scale of not less than 1:500. The site boundary should be clearly marked in colour and the plan should show buildings, boundaries septic tanks and percolation areas, bored wells and other features in the vicinity of the land or structure to which the application relates. In this regard all such features within 100m of the proposed development should be indicated. The position of the site notice should also be shown.

5. OTHER PLANS/DRAWINGS

  1. Except in the case of an application for Outline Permission, six copies of detailed structural drawings of floor plans, elevations and sections and such other particulars as are necessary to describe the works or structure to which the application relates, must also be submitted. These must be drawn to a scale of not less than 1:200.
  2. Drawings of elevations of any proposed structure shall show the main features of any buildings which would be contiguous to the proposed structure if it were erected.
  3. Plans relating to works comprising, reconstruction, alteration or extension of a structure shall be so marked or coloured as to distinguish between the existing structure and the works proposed.
  4. Plans and drawings of floor plans, elevations and sections shall indicate in figures the principal dimensions (including overall height) of any proposed structure and the distances of any such structure from the boundaries of the site.

6. PLANS GENERALLY

Original ordnance survey sheets must be submitted (except where a licence has been issued by the Ordnance Survey Office to the agent).

  1. Any map or plan which is based on an Ordnance Survey map must indicate the relevant Ordnance Survey sheet number.
  2. The north point must be indicated on all maps and plans, other than drawings of floor plans, elevations and sections.
  3. Plans and drawings must indicate the full name and address of the person who prepared them.
  4. Plans and drawings of floor plans, elevations and sections shall indicate in figures the principal dimensions (including overall height) of any proposed structure and the distances of any such structure from the boundaries of the site.

7. DOMESTIC EFFLUENT/WASTE DISPOSAL

Where effluent disposal is by means a of septic tank, applicants must submit a completed EPA Wastewater Treatment Site Characterisation Report(Acrobat document). This result document must be certified by a competent technical agent. Where there is a proposal to use other means of disposal, full and detailed particulars must be submitted with the planning application.

8. AREAS OF AMENITY

Within the county there are areas designated to be of amenity value. To protect such areas the County Council imposes planning restrictions. The nature of these restrictions and the areas concerned are outlined in the County Development Plan and it is advisable to consult the plan prior to the submission of a planning application.

9. HOUSE DESIGN

When considering house design and location for a dwelling you should take particular care that it will be compatible and sympathetic to the adjoining landscape and other houses in the locality. This applies especially to roof type, windows, brick type, porches, etc. Traditional designs are recommended and it may be useful to take advice from a professional architect in this regard. Teagasc Office and the Farm Development Service (F.D.S.) of the Department of Agriculture, Food and Rural Development.

10. SURFACE WATER RUN OFF

Plans should indicate proposals for collection and disposal of surface water run off from the site and the provision of channels, kerbs or grids for run off from the proposed development. In major developments, estimates of storm run off and assessment of the capacity of the receiving drain to accommodate same should be submitted.

11. APPLICATIONS BY COMPANIES

Where the application is made by a Company, the names of the Company Directors and the address and registration number of the Company must be given.

12. CAR PARKING

in the case of commercial developments, shops etc. details of car parking facilities should be shown on the site layout plan.

13. FARM DEVELOPMENT

Where proposals relate to the construction or change of use of buildings for the housing of animals or for the erection of silage pits or feeding yards, the following information should be submitted.

Advice on farm development generally is available from your local

IMPORTANT NOTE:

It should be noted that the documentation lodged with a valid planning application is retained on file.

SITE REQUIREMENTS FOR RURAL AREAS

The following standards contained in the County Development Plan will apply to all rural sites.

DCStandard 3: Sight distances required for access onto National and Regional roads.

New access points shall be subject to the Vehicular Access To All- Purpose National Roads Standards TD 41/95 requirements. Some of the main distances are summarised below. INSERT TABLE HERE FROM PAGE 75 CDP INSERT DIAGRAM HERE FROM PAGE 7

Table 11.1: Y -Distance (m) and Forward sight distance in metres

DCStandard 4: Sight distances required for access onto Local roads.

Visibility splays for local roads will be determined on a site-specific basis subject to traffic safety.

DCStandard 6: Parking Bays.

Where residential developments are required to provide a parking bay adjoining a proposed boundary wall realignment, the Council will require the parking bay to be at least 15 x 3 metres although this may be relaxed where site size and dimensions preclude its provision and adequate on-site parking can be provided with safe access.

DCStandard 8: Building Control Standards for Surface drainage.

Drainage from paved surfaces may, after suitable treatment, be discharged to available watercourses or to adequate soakage areas on site.
For rural houses, existing roadside drainage shall be maintained by the incorporation of a suitably sized drainage pipe. In any event surface water shall not be permitted to flow on to the public road from the proposed development.

DCStandard 12: Assimilation of development into Landscape.

All permissible buildings should avoid locally elevated locations and should be located on mid slopes or lower slopes of rising ground. Development should seek to preserve traditional field patterns and established hedgerow and woodland.
Any permissible housing development shall have regard to The Single Rural House Guidelines .

DCStandard 15: Site size for single houses using individual on-site waste water treatment systems.

A minimum site size of 2000 sq. metres [1/2 acre] will be required for a single house so as to provide for adequate effluent treatment, parking, landscaping, open space and maintenance of rural amenity. For house sizes greater than 200 m2 site size shall be increased by 10 m2 for each m2 of house area over 200 m2. The requirements for site size for houses greater than 200m sq. will not apply to existing houses. Where derelict or semi-ruinous buildings are proposed to be developed these requirements will be relaxed subject to appropriate environmental and traffic standards being met.

DCStandard 16: Standards for effluent treatment facilities.

The suitability of the site for treatment of domestic effluent shall be determined, solely by and in accordance with the criteria set down in the E.P.A. Waste Water Treatment Manuals or any revision of this manual or any replacement of this manual. Each dwelling house shall be serviced by its own septic tank or treatment plant and shall not share this facility with any other dwelling other than in exceptional circumstances In the case of clustered housing schemes wastewater treatment plants shall be permitted provided that they are designed and built in accordance with EPA Treatment Manuals.
For single houses the "EPAWastewater Treatment Manuals - Treatment Systems for Single Houses" shall apply. For larger developments the "EPAWastewater Treatment Manuals - Treatment Systems for small communities business, Leisure Centres and Hotels" shall apply.
Certification will be required that septic tanks have been desludged in accordance with EPA Guidelines.

SCALE OF FEES FOR PLANNING APPLICATIONS

 CLASS OF DEVELOPMENT AMOUNT OF FEE   AMOUNT OF FEE FOR RETENTION PERMISSION 
 1. The provision of a house €65 €195 or €2.50 for each square metre of gross floor space for which permission is sought, whichever is the greater
 2. (a)Any works for the carrying out of maintenance, improvement or alteration of an existing dwelling (including any works for the provision of an extension or the conversion for use as part of the dwelling of any garage, store, shed or other structure). €34 €102 or €2.50 for each square metre of gross floor space fpr which permission is sought, whichever is the greater
 2. (b)Any other works including the erection, construction or alteration of structures, within or bounding the curtilage of an existing house, for purposes ancillary to the enjoyment of the house as such. 34 €102 or €2.50 for each square metre of gross floor space for which permission is sought, whichever is the greater
 3. The provision of buildings or other structures for the purposes of agriculture or the keeping of greyhounds  (i) In the case of buildings, € 80 for each building, or € 1 for each square metre of gross floor space to be provided in excess of 50 square metres in the case of a building for the keeping of greyhounds or 200 square metres in any other case, whichever is the greater, (ii) In the case of any other structures,€ 80 for each structure, and subject to a maximum of € 300 (i)In the case of buildings, € 240 for each building, or € 3 for each square metre of gross floor space to be provided in excess of 50 square metres in the case of a building for the keeping of greyhounds or 200 square metres in any other case, whichever is the greater, (ii) in the case of any other structures, € 240 for each structure, subject to a maximum of € 900
 4. The provision of buildings other than buildings coming, within class 1,2, or 3. €80 for each building, or € 3.60 for each square metre of gross floor space to be provided; whichever is the greater €240 for each building, or € 10.80 for each square metre of gross floor space to be provided, whichever is the greater.

 5. (a)The use of uncultivated land or semi-natural areas for intensive agricultural purposes,.

(b)Initial afforestation.

(c) The replacement of broadleaf high forest by conifer species.

(d) Peat extraction.

€5 for each hectare of site area

€5 for each hectare of site area

€80, or €5 for each hectare of site area, whichever is the greater.

€5 for each hectare of site area.

€15 for each hectare of site area

€15 for each hectare of site area

€240, or €15 for each hectare of site area, whichever is the greater.

€15 for each hectare of site area.

 6. The use of land for

(a) the winning and working of minerals

(b) the deposit of refuse or waste

€500, or €50 for each 0.1 hectare of site area, whichever is the greater. €1500 or €150 for each 0.1 hectare of site area, whichever is the greater.

 7. The use of land for

(a)The keeping or placing of any tents, campervans,caravans, or other structures (whether or not movable or collapsible) for the purpose of caravanning or camping or the sale of goods

(b)the parking of motor vehicles

(c) the open storage of motorvehicles or other objects or substances

€80 , or €50 for each 0.1 hectare of site area, whichever is the greater. €240, or €150 for each 0.1 hectare of site area, whichever is the greater.
 8. The provision on, in over or under land of plant or machinery, or of tanks or other structures (other than buildings) for storage purposes. €200, or €50 for each 0.1 hectare of site area, whichever is the greater. €600, or € 150 for each 0.1 hectare of site area, whichever is the greater.
 9. The provision of an advertisement structure or the use of an existing structure or other land for the exhibition of advertisements. €80, or €20 for each square metre, or part thereof, of advertising space to be provided, whichever is the greater. €240 or €60 for each square metre, or part thereof, of advertising space to be provided, whichever is the greater.
 10. The provision of overhead transmission or distribution lines for conducting electricity, or overhead telecommunications lines €80, or €50 for each 1,000 metres length, or part thereof, whichever is the greater., €240, or €150 for each 1,000 metres length, or part thereof, whichever is the greater.
 11. The use of land as a golf course or a pitch and putt course €50 for each hectare of site area. €150 for each hectare of site area.
 12. The use of land as a burial ground €200 , or €50 for each hectare of site area, whichever is the greater. €600, or €150 for each hectare of site area, whichever is the greater.
 13. Development not coming within any of the foregoing classes €80, or €10 for each 0.1 hectare of site area, whichever is the greater. €240, or €30 for each 0.1 hectare of site area, whichever is the greater.

MISCELLANEOUS FEES

 a  Submission or Observation on a planning application  € 20
 b  Request for a declaration under section 5 of the Planning & Development Act 2000, as to what, is or is not development or is or is not exempted development.  € 80
 c  Application under section 42 of the Planning & Development Act 2000, to extend the period of a permission  € 80